Texas State Affordable Housing Corporation
Notice of Requests for Proposals
Notice is hereby given of Requests for Proposals by TSAHC to multifamily
developers for the rehabilitation or demolition/reconstruction of affordable
multifamily housing complexes in Arlington, Corpus Christi and El Paso, financed
by private activity bonds (to be issued by TSAHC) and low income housing tax
credits (to be issued by the Texas Department of Housing and Community Affairs).
Proposals will be due at the TSAHC offices in Austin by 2:00 p.m. on Monday,
March 28, 2005. The Cities have set forth specific criteria for the multifamily
housing complexes in the Requests for Proposals, which can be viewed on TSAHC's
Web site (www.tsahc.org) in the Multifamily Bond Programs section. Any questions
about the Requests for Proposals must be E-mailed or faxed to Katherine Closmann
at kclosmann@tsahc.org or 512-477-3557. All questions and responses will be
posted on TSAHC's web site.
TRD-200500488
David Long
President
Texas State Affordable Housing Corporation
Filed: February 2, 2005
Notice of Request for Proposals
The Department of Assistive and Rehabilitative Services (DARS), Division
for Deaf and Hard of Hearing Services (DHHS) is requesting proposals for new
grant awards to begin in Fiscal Year 2005 for HHSC Regions 1, 3, 6 and 11
for projects under the Regional Specialist Program. The Specialist, under
the Regional Specialist Program projects, will function as a single point
of contact within the service area for all state and local service providers
and organizations as well as for persons who are deaf and hard of hearing
for the purpose of facilitating services. Additionally, the Specialist will
be the primary contact person involved in planning of services to persons
who are deaf and hard of hearing at the regional level.
Note to Applicants: The estimated funding levels in this notice do not
bind DHHS to make awards or to any specific number of awards or funding levels.
Awards are contingent on available funding.
Eligible Applicants: Parties eligible to apply for grants under this program
are public or private agencies and organizations, including for-profit agencies
and organizations, and institutions of higher education. Preference will be
given to the entities that maintain an office with staff that affords a point
of contact on a continuing basis.
Contact: Parties interested in submitting a proposal should contact the
Division for Deaf and Hard of Hearing Services, P.O. Box 12904, Austin, Texas
78711, 512-407-3250 (Voice) or 512-407-3251 (TTY) or by email at doug.dittfurth@dars.state.tx.us,
to obtain a complete copy of the RFP. The RFP is also available for pick-up
at 4900 North Lamar, Suite 2169, Austin, Texas 78751, during normal business
hours. The RFP is not available through fax. The RFP may be available on the
agency website at http://www.dars.state.tx.us/business/grants.shtml
Closing Date: Proposals must be received in the Consumer Procurement Services
Office, 4800 North Lamar, Suite 360, Austin, Texas 78756 no later than 5 p.m.
on March 11, 2005. Proposals received after this time and date will not be
considered.
Award Procedure: All proposals will be subject to evaluation by a review
team using a scoring method based on the evaluation criteria set forth in
the RFP. The review team will determine which proposals best meet the established
criteria and will make selection recommendations for each priority to the
Assistant Commissioner. Any applicant may be asked to clarify any information
in their proposal, which may involve either written or oral presentations
of requested information. The initial grant awards could start as early as
April 1, 2005.
DHHS reserves the right to accept or reject any or all proposals submitted.
DHHS is under no legal or other obligation to execute a grant on the basis
of this notice or the distribution of a RFP. Neither this notice nor the RFP
commits DHHS to pay for any costs incurred prior to the award of a grant.
TRD-200500420
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Department of Assistive and Rehabilitative Services
Filed: January 31, 2005
Request for Proposal
RFP Number: #303-5-10673
Opening Date/Time: March 4, 2005 at 3:00 PM
Description: Lease requirement for approximately 15,059 sq. ft. of Office
Space in the City of Huntsville, Walker County, Texas
Agency: Texas Department of Criminal Justice (TDCJ)
Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic
State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=57385
TRD-200500409
Mark Gentle
Legal Counsel
Texas Building and Procurement Commission
Filed: January 28, 2005
RFP Number: #303-5-10648
Opening Date/Time: April 1, 2005 at 3:00 PM
Description: Lease requirement for approximately 4,568 sq. ft. of Office
Space in Lake Worth, Tarrant County, Texas
Agency: Department of Public Safety (DPS)
Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic
State Business Daily at:
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=57422
TRD-200500442
Mark Gentle
Legal Counsel
Texas Building and Procurement Commission
Filed: January 31, 2005
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of
January 21, 2005 through January 27, 2005
. As required by federal law,
the public is given an opportunity to comment on the consistency of proposed
activities in the coastal zone undertaken or authorized by federal agencies.
Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment
period for these activities extends 30 days from the date published on the
Coastal Coordination Council web site. The notice was published on the web
site on
February 2, 2005
. The public comment
period for these projects will close at 5:00 p.m. on
March 4, 2005
.
FEDERAL AGENCY ACTIONS:
Applicant: Robert and Kathy Van Landingham
Location:
The project is located at 114 and
116 Perch Street in a canal subdivision in Rockport, Aransas County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: Rockport,
Texas. Approximate UTM Coordinates: Zone 14; Easting: 685965; Northing: 3106375.
Project Description:
The applicant proposes
to construct an approximately 120-foot-long bulkhead in a residential canal
subdivision and to backfill a 3,000-square-foot area (with approximately 470
yds
3
) of canal behind it. A 5-foot-long by 50-foot-long
residential pier will be constructed adjacent and parallel to the bulkhead.
CCC Project No.: 05-0109-F1
Type of Application:
U.S.A.C.E. permit application
Note:
The consistency review for this project
may be conducted by the
Texas Commission on Environmental
Quality
under §401 of the Clean Water Act.
Applicant: National Energy Group, Inc
Location:
The project site is located in
Sabine Lake, in Texas State Mineral Lease 102334, in State Tract (ST) Number
4, just west of the Texas-Louisiana border, in Orange County, Texas. Well
No. 1 can be located on the U.S.G.S. quadrangle map entitled: West of Greens
Bayou, Texas-Louisiana. Approximate UTM Coordinates in NAD 27 (meters): Zone
15; Easting: 422039; Northing: 3314331. The associated flow lines will traverse
ST's 4 and 8 in Sabine Lake.
Project Description:
The applicant proposes
to install, operate, and maintain structures and equipment necessary for oil
and gas drilling, production, and transportation activities for ST-4, Well
No. 1. Such activities include installation of typical marine barges and keyways,
shell and gravel pads, production structures with attendant facilities, and
flowlines. Plans indicate that approximately 2667 cubic yards of crushed shell
or gravel would be placed on the lake bottom to support the drilling structure.
Flowlines will be installed by jetting and/or trenching and will be buried
3 feet below the mud line. Water depth at the proposed project location is
approximately -7 feet. Upon cessation of drilling and gathering activities,
the applicant will remove all structures and attendant features.
CCC Project No.: 05-0119-F1
Type of Application:
U.S.A.C.E. permit application
Note:
The consistency review for this project
may be conducted by the
Texas Railroad Commission
under §401
of the Clean Water Act.
Applicant: Corpus Christi LNG, L.P. and Cheniere
Corpus Christi Pipeline Company
Location:
The proposed liquefied natural
gas (LNG) terminal site is located in Corpus Christi Bay and on a tract of
land on the north shore of Corpus Christi Bay, adjacent to the La Quinta Turning
Basin, in Nueces and San Patricio Counties, Texas. The site can be located
on the U.S.G.S. quadrangle map entitled: "Gregory, Texas." Approximate UTM
Coordinates in NAD 27 (meters): Zone 14; Easting: 670250; Northing: 3085500.
The proposed 23-mile-long natural gas pipeline would extend from the LNG terminal
site, cross under US Route 181, continue northwest, pass south of the community
of Taft, cross Chiltipin Creek, and terminate north of Sinton, in San Patricio
County, Texas. The proposed natural gas pipeline route can be located on the
U.S.G.S. quadrangle map entitled: "Taft, Texas."
Project Description:
The applicants propose
to construct and operate a new LNG import, storage, and vaporization terminal
and to construct and operate a new, approximately 23-mile long, 48-inch diameter,
natural gas pipeline with two 30-inch-diameter lateral pipelines, totaling
1,350 feet in length, that would transfer the imported natural gas to markets
throughout Texas and the U.S. via interconnections with existing intrastate
and interstate pipeline systems.
The LNG terminal would be built west of an existing alumina plant, on mostly
industrial land that was formerly used for bauxite ore storage and disposal
of processed bauxite residue. The LNG terminal would include a new marine
basin with berths for LNG transport ships and for tug and line-handling boats,
and a ship maneuvering area. Construction of the LNG terminal would require
about 772 acres, including about 458 acres onshore for dredged material placement
areas (DMPA's) and about 78 acres of shallow bay habitat that would be dredged
to construct the marine basin. The new marine basin would be about 1,300 feet
by 3,170 feet at its widest point. Two LNG docks would be capable of unloading
approximately 300 ships per year. Each LNG dock would be a pile-supported,
one-level, reinforced concrete beam and slab structure approximately 90 feet
wide by 116 feet long. Each of the two LNG ship berths would have four breasting
and six mooring structures. Access bridges would be provided to connect the
breasting dolphins to the docks and to the mooring dolphins. A separate berthing
area would be constructed for tug and line-handling boats used for the maneuvering
and berthing of LNG ships. Hydraulic and/or mechanical dredging of the marine
basin to a maximum depth of -45.0 feet mean low tide (MLT), plus 2 feet of
allowable overdepth, would remove approximately 4,650,000 cubic yards (yds
LNG would be pumped from ships through two 30-inch LNG transfer pipelines
to three land-based LNG storage tanks at the terminal. The LNG transfer pipelines
would range in length from approximately 4,300 to 6,200 feet. The transfer
pipelines would be placed on aboveground structural pipe racks constructed
of reinforced concrete columns and steel cross members. The LNG storage tanks
would be designed to store a nominal volume of 160,000 cubic meters (1,006,400
barrels) of LNG at a temperature of -270°F. A low earthen dike would surround
each LNG storage tank to form the required impounding area sized to contain
110 percent of the volume of the tank. Nine in-tank pumps (three in each LNG
storage tank) would deliver LNG to the highpressure sendout pumps via the
boil-off gas (BOG) condenser. LNG sendout pumps would deliver LNG from the
BOG condenser to each LNG vaporizer. The terminal would use single-burner
submerged combustion vaporizer (SCV) units, which would use vaporized LNG
for fuel. The initial source of water to be used in the SCV would be trucked
into the facility. Once in operation, the SCVs would generate excess water
as part of the combustion process. Each SCV has a sodium carbonate injection
system to neutralize the slightly acidic water, and would produce approximately
19 gallons/minute (gpm) of fresh water at full capacity. Given that there
are 15 SCVs (one reserve unit), up to 285 gpm could be produced by the facility.
The SCV water would be held in a holding basin (up to 20,000 gallons) that
would be located approximately 300 feet northeast of the vaporizer area. The
water from the SCVs would be held up to one hour prior to being pumped into
the existing raw water lake. The applicants expect that Sherwin Alumina Company
would be able to utilize the full amount of SCV water produced as a result
of the terminal operations. However, when the raw water lake is full, excess
water would be discharged off the project site via the LNG Plant stormwater
drainage system. This ditch would empty into the La Quinta Road Drainage Ditch
on the west side of La Quinta Road and eventually into Corpus Christi Bay.
Discharges from the vaporization facility would have a temperature of approximately
60°F and would be treated with caustic soda to neutralize or mitigate
the carbonic acid present in the SCV water and raise the pH to 6.0-8.0 prior
to discharge. This water would contain dissolved sodium carbonate produced
through this reaction, which would increase the total dissolved solids, thus
increasing the measured salinity of the discharge water over that of the untreated
water. The discharge would not contain any chlorides.
The Project would be served by utilities from the public electric power
system via overhead power lines operating at 138 kV. These public supply lines
would be extended to the Project site, where a new substation would be installed
outside the facility fence line. Potable water would be supplied to the Project
by connecting to an existing line at the intersection of SH 35 and SH 361.
The current water system at this location at times is low on pressure and
capacity; therefore, sufficient pumping and storage tanks would be added to
the potable water system to maintain pressure and capacity. The existing La
Quinta Road would provide primary access to the LNG storage and vaporization
site during construction and operation. An existing dirt road would be improved
to provide access to the proposed administration building. A new asphalt road
would be constructed parallel to the LNG transfer pipe trestle, connecting
the process area to the docks. Support facilities located within the terminal
would include buildings for administration, warehousing and maintenance, electrical,
customs, and security.
The proposed natural gas pipeline facilities would consist of approximately
23 miles of 48-inch-diameter highpressure pipeline, extending underground
from the proposed LNG terminal to north of Sinton, Texas, with two new 30-inch-diameter
lateral pipelines to connect with the Channel Pipeline Company and the Florida
Gas Transmission Company meter stations. The lateral pipeline to the Channel
Pipeline Company would be about 950 feet long, and would branch out from the
main pipeline at MP 14.6. The lateral pipeline to the Florida Gas Transmission
Company would be about 400 feet long, and would branch out from the main pipeline
at MP 16.5. Most of the route would cross agricultural land, following existing
easements such as roads and other pipelines. Five access roads would be constructed
or improved in association with the pipeline. All of the roads would be 25
feet wide, and combined would total about 4.7 miles in length. Construction
of the proposed pipeline and related facilities would disturb about 406 acres,
including the construction rights-of-way for the 48-inch-diameter main pipeline
and 30-inch-diameter lateral pipelines, additional temporary workspaces, contractor
and pipe yards, metering stations/interconnects, pig launchers and receivers,
and access roads. The proposed 48-inch-diameter pipeline would cross two perennial
streams, Chiltipin Creek and Oliver Creek, and eight intermittent-flowing
waterbodies. The applicants propose to cross a canal at MP 10.1 by boring
underneath the waterbody. All other waterbodies, including Chiltipin Creek,
Oliver Creek, three intermittent stream tributaries to Chiltipin Creek, an
irrigation canal, and 3 drainage ditches, would be crossed by the open cut
method that would involve trenching directly across the waterbody.
IMPACTS TO AQUATIC HABITATS:
Construction
of the LNG terminal would temporarily impact 0.69 acre of primarily shoalgrass
(Halodule wrightii) seagrass beds, 0.42 acre of black mangrove (Avicennia
germinans), 0.38 acre of smooth cordgrass (Spartina alterniflora), 0.49 acre
of tidal flats sparsely vegetated (<30%) with glasswort (Salicornia spp.)
and saltwort (Batis maritima), and 0.22 acre of nonvegetated tidal flats,
totaling 2.20 acres. These temporarily impacted areas would be disturbed during
construction, but once construction was complete, the areas would be restored
to preconstruction contours and allowed to revegetate naturally.
Construction and operation of the LNG terminal would permanently impact
5.35 acres of seagrass, 1.59 acres of mangroves, 2.38 acres of smooth cordgrass,
1.13 acres of vegetated tidal flats, and 0.23 acres of non-vegetated tidal
flats, for a total of 10.68 acres. In addition to direct impacts on seagrass
beds within the proposed dredged footprint, adjacent seagrass beds could potentially
be affected by turbidity and sedimentation created by dredging activity. It
is expected that any turbidity or sedimentation impacts would be limited to
within several hundred feet of dredging operations. Minimizing suspension
of sediments during dredging may reduce negative impacts to seagrasses.
Eight palustrine emergent wetlands were identified within the proposed
construction impact area of the natural gas pipeline. The pipeline project
would temporarily impact approximately 1.356 acres of wetlands. The entire
pipeline right-of-way would be restored to pre-construction contours following
construction.
COMPENSATORY MITIGATION PLAN:
The applicant
proposes to mitigate for the temporary and permanent loss of wetlands by creating
and preserving wetlands at Shamrock Island. The island is located along the
eastern shoreline of Corpus Christi Bay, approximately 2 miles west of Mustang
Island. The island serves as an important rookery to a number of nesting bird
species, in particular, the royal tern. The applicant's mitigation plan (Attachment
1) is to construct breakwaters to create sheltered areas of potential submerged
aquatic vegetation (SAV) (seagrass) habitat and to preserve existing SAV habitat,
marsh, tidal flats, and uplands by reducing erosion of those areas. Additionally,
the breakwaters would provide submerged hard substrate.
CCC Project No.: 05-0120-F1
Type of Application:
U.S.A.C.E. permit application
Note:
The consistency review for this project
may be conducted by the
Texas Railroad Commission
under §401
of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451 - 1464), as amended, interested parties are
invited to submit comments on whether a proposed action is or is not consistent
with the Texas Coastal Management Program goals and policies and whether the
action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Gwen Spriggs, Council Administrative Coordinator, Coastal Coordination Council,
P.O. Box 12873, Austin, Texas 78711-2873, or gwen.spriggs@glo.state.tx.us.
Comments should be sent to Ms. Spriggs at the above address or by fax at (512)
475-0680.
TRD-200500443
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: February 1, 2005
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
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 02/07/05 - 02/13/05 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 02/07/05 - 02/13/05 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.
TRD-200500441
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 31, 2005
Invitation for Offers
REFERENCE #212-5-0237
CLASS #918-06
The purpose of this Invitation for Offers is to solicit offers to develop
performance measures for two new public defender offices being established
in Bexar and Hidalgo counties through grant funds provided by the Task Force
on Indigent Defense (Task Force), to provide an evaluation of each program’s
progress in meeting those measures, and to provide technical assistance to
each program. The consultant will also provide technical assistance and consultation
related to the delivery of indigent defense services and systems as requested
by the Task Force.
The contract will begin upon the issuance of a purchase by OCA and terminate
upon acceptance of deliverables, but shall in no event extend beyond August
31, 2008.
The deadline for submitting a response for this procurement is at 3:00
p.m. March 14, 2005. Responses submitted shall be valid for thirty (30) days.
To receive a copy of the Invitation for Offers, contact:
Mr. James Bethke Task Force on Indigent Defense 205 West 14th Street, Suite
700 Austin, TX 78701 Phone: 512/936-6994 FAX: 512/475-3450 E-mail: jim.bethke@courts.state.tx.us
Prospective offerors should submit questions by email to Jim Bethke. All
questions and answers will be posted on the Task Force’s website at
www.courts.state.tx.us/tfid. Potential bidders are responsible for checking
the posting to review the questions and answers.
TRD-200500485
James Bethke
Director, Task Force on Indigent Defense
Office of Court Administration
Filed: February 2, 2005
Request for Proposal
The Texas Council for Developmental Disabilities (TCDD) announces the availability
of funds to establish one Accessible Housing project. This project will use
either the EasyLiving Homecm or a similar program that addresses the expected
outcomes and meets the intent of the Request for Proposal (RFP) to promote
construction of first level accessible (visitable) homes, and fits the unique
characteristics of Texas including the significant cultural and geographic
differences. The project will also build a broad coalition of public and private
organizations who will work together to increase the number of visitable new
homes built throughout the state. TCDD expects the grantee to create a voluntary
certification process that recognizes and certifies builders in the state
who build first level accessible homes. The project will also include an advertising-marketing
component as an incentive to builders who include these features in their
new home construction.
Funding of up to $200,000 per year for up to three years is available for
this project. TCDD reserves the right to evaluate project activities and to
award funding for an additional two years (years four and five) if successful.
Funds are awarded on an annual basis with continuation funding evaluated yearly.
Non-federal matching funds of at least 10% of total project costs are required
for projects in federally designated poverty areas. Non-federal matching funds
of at least 25% of total project costs are required for projects in other
areas.
Additional information concerning this request for proposal or more information
about TCDD may be obtained through TCDD's web site at http://www.txddc.state.tx.us.
All questions pertaining to this RFP should be directed to Sharon Pratscher,
Planning Specialist at (512) 437-5412 (voice), (512) 437-5431 (TDD), or e-mail
Sharon.Pratscher@tcdd.state.tx.us.
The application packet may be obtained on TCDD's web site or request a
copy in writing by U.S. mail, fax or e-mail, from Barbara Booker at the Texas
Council for Developmental Disabilities, 6201 East Oltorf Street, Suite 600,
Austin, Texas 78741-7509; fax number (512) 437-5434; e-mail address Barbara.Booker@tcdd.state.tx.us.
Deadline:
Two hard copies, one with the original
signatures, must be submitted.
All proposals must be
received by TCDD not later than 4:00 PM, Central Standard Time, April 8, 2005,
or, if mailed, postmarked prior to midnight on the date specified above.
Proposals
may be delivered by hand or mailed to TCDD's physical office at 6201 East
Oltorf, Suite 600, Austin, Texas 78741-7509. Faxed proposals cannot be accepted.
TCDD also requests that applicants send an electronic copy at the same
time the hard copies are submitted. Electronic copies should be addressed
to Barbara.Booker@tcdd.state.tx.us.
Proposals will not be accepted after the due date.
Grant Proposers' Workshops:
The Texas Council
for Developmental Disabilities will conduct at least one workshop to help
potential applicants understand the grant application process. In addition,
answers to frequently asked questions will be posted on the web site. For
more information on the Grant Proposers' Workshops and the scheduled locations,
see our web site at http://www.txddc.state.tx.us.
TRD-200500375
Roger Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: January 26, 2005
Request for Early Reading Diagnostic Instruments
Description. The Texas Education Agency is notifying publishers that early
reading diagnostic instruments for Kindergarten, Grade 1, and Grade 2 may
be submitted for review. Texas Education Code (TEC), §28.006, authorizes
the commissioner of education to develop recommendations for school districts
to administer early reading instruments to diagnose student reading skill
and comprehension development.
Under TEC, §28.006(b), the commissioner of education shall adopt a
list of early reading instruments that school districts may use to diagnose
reading skill and comprehension development. Reading instruments placed on
the list must be based on scientific research, evaluate individual student
reading progress and be used to determine students at risk for dyslexia or
other reading difficulties. The list of reading instruments adopted under
TEC, §28.006(b), must also provide for diagnosing the reading development
and comprehension of students participating in a program under TEC, Chapter
29, Subchapter B (relating to bilingual education and special language programs).
Program Requirements. Since the 1998 - 1999 school year, school districts
have been required to administer early reading instruments. Results from the
early reading instruments are used to inform instruction and place students
at risk for reading difficulties, including dyslexia, in Accelerated Reading
Instruction intervention programs. Results from these early reading instruments
must be reported to the commissioner of education, the local school board
and the parent and/or guardian of students tested. The list of early reading
instruments will be made available so that school districts and charter schools
may order instruments for the 2005 - 2006 school year. The 2003 - 2004 list
of instruments adopted by the commissioner in 2003 will remain in effect through
both the 2004 - 2005 and the 2005 - 2006 school years. Once an instrument
is selected for the commissioner's list, it will remain on the list for three
years unless the approved test is no longer available from the publisher,
or the publisher decides to submit an updated version of the instrument. Under
these circumstances, the instrument must be resubmitted for review.
Publishers of early reading instruments that were selected for the 2003
- 2004
Commissioner's List of Early Reading Instruments
do not need to resubmit tests that are currently on the list unless
they want a new version of that instrument to be considered by the review
panel of reading experts; however, they will be required to resubmit tests
in 2006.
Due to continued budgetary limitations, a $5 per student per year cost
cap remains on each complete Test Option on the 2005 - 2006
Commissioner's List of Early Reading Instruments
. For example, if Option
G requires two instruments in order to assess all required domains at a grade
level, then the combination of those two instruments will be state funded
at no more than $5 per student. For the 2005 - 2006 school year, school districts
and open-enrollment charter schools will purchase early reading instruments
directly from the publisher/vendor unless the test is published by the Texas
Education Agency. If the cost of the Test Option exceeds the $5 per student
limit established, the state will reimburse the school district or open-enrollment
charter school at the limit established. The school district or open-enrollment
charter school is responsible for the remainder of the cost of the Test Option.
Selection Criteria. Publishers will be responsible for submitting tests
that they wish to be reviewed for consideration for inclusion on the 2005
- 2006
Commissioner's List of Early Reading Instruments
. All tests submitted for review must be based on scientific research
and must submit evidence of reliability and validity for assessing key reading
domains and for identifying children at risk of reading failure, including
the identification of children with dyslexia. Submitted evidence must demonstrate
that the test meets the state criteria for reliability and validity. Instruments
will be evaluated in terms of validity, reliability, cost-effectiveness and
ease of administration/implementation by the classroom teacher. Consideration
will also be given to the number of domains covered by the test and the number
of additional tests that would need to be purchased by schools in order to
cover all required domains. Reading instruments (English and Spanish) submitted
for review must address at least one of the following five domains: (1) phonological
awareness; (2) graphophonemic knowledge; (3) word reading; (4) oral reading
accuracy; and (5) comprehension of text, as appropriate for Kindergarten,
Grade 1, and Grade 2. Tests submitted for use by Reading First schools may
also assess vocabulary and fluency. As in previous years, it may be necessary
to use a combination of instruments to form a Test Option to assess all required
domains. The criteria used to select instruments for the 2005 - 2006 school
year is available through the Division of Curriculum--Statewide Initiatives
at the Texas Education Agency, (512) 463-9581.
Proposals must be submitted to Dr. Linda Limón, Director, Texas
Reading Initiatives, 3-121D, Texas Education Agency, 1701 North Congress Avenue,
Austin, Texas 78701 by 5:00 p.m. (Central Time), Monday, March 7, 2005, to
be considered for inclusion on the 2005 - 2006
Commissioner's
List of Early Reading Instruments
.
TRD-200500470
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 2, 2005
Description. The Texas Education Agency is notifying publishers that early
reading diagnostic instruments for the
List of Grade
3 Early Reading Instruments
may be submitted for review. P.L. 107-110,
Title I, Part B, Subpart 1 of the Elementary and Secondary Education Act,
as amended by the No Child Left Behind Act of 2001, CFDA #84.357, authorizes
the commissioner of education to develop recommendations for school districts
to administer early reading instruments to diagnose student reading skill
and comprehension development.
Under P.L. 107-110, Title I, Part B, Subpart 1 of the Elementary and Secondary
Education Act, as amended by the No Child Left Behind Act of 2001, CFDA #84.357,
the Texas Education Agency shall adopt a list of Grade 3 early reading instruments
that districts and charters may use to diagnose reading skill and comprehension
development. Reading instruments placed on the list must be based on scientific
research, evaluate individual student reading progress and be used to determine
students at risk for dyslexia or other reading difficulties. The list of reading
instruments must also provide for diagnosing the reading development and comprehension
of students participating in a program under Texas Education Code, Chapter
29, Subchapter B (relating to bilingual education and special language programs).
Program Requirements. Since May 2003, some district/charter schools have
been required to administer Grade 3 early reading instruments. The list of
early reading instruments will be made available so that school districts
and charter schools may order instruments for the 2005 - 2006 school year.
Once an instrument is selected for the
List of Grade
3 Early Reading Instruments
, it will remain on the list for three years
unless the publisher decides to submit an updated version of the instrument.
For example, the 2004 - 2005
List of Grade 3 Early
Reading Instruments
will remain in effect through both the 2005 - 2006
and the 2006 - 2007 school years. The instrument must then be resubmitted
to undergo the review process.
Selection Criteria. Publishers will be responsible for submitting tests
that they wish to be reviewed for consideration for inclusion on the 2005
- 2006
List of Grade 3 Early Reading Instruments
. All tests submitted for review must be based on scientific research
and must meet the state criteria for reliability and validity.
Publishers of instruments currently on the 2004 - 2005
List of Grade 3 Early Reading Instruments
need not reapply unless their
instruments have been revised and they want the new edition of that instrument
to be considered for inclusion on the 2005 - 2006
List of Grade 3 Early Reading Instruments
. Other publishers will be
responsible for submitting tests that they wish to be reviewed for consideration
for inclusion on the 2005 - 2006
List of Grade 3
Early Reading Instruments
. All tests submitted for review must be
based on scientific research and must submit evidence of reliability and validity
for assessing key reading domains and for identifying children at risk of
reading difficulties, including dyslexia. Instruments will be evaluated in
terms of validity, reliability, cost-effectiveness and ease of administration/implementation
by the classroom teacher. Reading instruments (English and Spanish) submitted
for review must address at least one of the following five domains: (1) phonological
awareness; (2) graphophonemic knowledge; (3) word reading; (4) oral reading
accuracy; and (5) comprehension of text, as appropriate for Grade 3. As in
previous years, it may be necessary to use a combination of instruments to
form a Test Option to assess all required domains.
Proposals must be submitted to Dr. Jana Bland, Director of Texas Reading
First, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701
by 5:00 p.m. (Central Time), Monday, March 7, 2005, to be considered for inclusion
on the
List of Grade 3 Early Reading Instruments
.
TRD-200500469
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 2, 2005
Description. The Texas Education Agency is notifying publishers that reading
progress monitoring assessments may be submitted for review for the
The reading progress monitoring instruments that will be placed on the
list must be based on scientific research, evaluate individual student reading
progress and be used to identify students at risk for dyslexia or other reading
difficulties. The recommended list of reading progress monitoring assessments
must also provide evaluation of the reading skill and comprehension development
of students participating in programs under Texas Education Code, Chapter
29, Subchapter B (relating to bilingual education and special language programs).
Program Requirements. The 2005 - 2006
List of
Recommended Reading Assessments for Progress Monitoring in Kindergarten, Grade
1, Grade 2, and Grade 3
will remain in effect through both the 2006
- 2007 and the 2007 - 2008 school years. Once an instrument is selected for
the
List of Recommended Reading Assessments for Progress
Monitoring in Kindergarten, Grade 1, Grade 2, and Grade 3
, it will
remain on the list for three years unless the publisher decides to submit
an updated version of the instrument. The instrument must then be resubmitted
to undergo the review process.
Publishers of progress monitoring instruments that were selected for the
2004 - 2005
List of Recommended Reading Assessments
for Progress Monitoring in Kindergarten, Grade 1, Grade 2, and Grade 3
do
not need to resubmit items that are currently on the list unless they want
a new version of that instrument to be considered by the review panel of reading
experts.
Selection Criteria. Publishers will be responsible for submitting tests
that they wish to be reviewed for consideration for inclusion on the 2005
- 2006
List of Recommended Reading Assessments for
Progress Monitoring in Kindergarten, Grade 1, Grade 2, and Grade 3
.
All tests submitted for review must be based on scientific research and must
meet the state criteria for reliability and validity. Publishers of instruments
currently on the 2004 - 2005
List of Recommended
Reading Assessments for Progress Monitoring in Kindergarten, Grade 1, Grade
2, and Grade 3
need not reapply unless their instruments have been
revised and they want the new edition of that instrument to be considered
for inclusion on the 2005 - 2006 list. Other publishers desiring to be included
on the list will be evaluated in terms of validity, reliability, cost-effectiveness
and ease of administration/implementation by the classroom teacher. Reading
instruments (English and Spanish) submitted for review must address all of
the following five core components of early reading instruction: (1) phonological/phonemic
awareness; (2) phonics/word recognition; (3) fluency; (4) text comprehension,
and (5) vocabulary, as appropriate for Kindergarten, Grade 1, Grade 2 and
Grade 3.
Proposals must be submitted to Dr. Jana Bland, Director of Texas Reading
First, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701
by 5:00 p.m. (Central Time), Monday, March 7, 2005, to be considered for inclusion
on the
List of Recommended Reading Assessments for
Progress Monitoring in Kindergarten, Grade 1, Grade 2, and Grade 3
.
TRD-200500471
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 2, 2005
Enforcement Orders
A default order was entered regarding Frank Henderson dba Temple Tire Transport,
Docket No. 2002-0421-MSW-E on January 28, 2005 assessing $11,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
David Speaker, Staff Attorney at (512) 239-2548, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Brownsville Navigation District,
Docket No. 2002-0221-MWD-E on January 18, 2005 assessing $20,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lindsay Andrus, Staff Attorney at (512) 239-4761, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Malone, Docket No. 2003-1382-MWD-E
on January 18, 2005 assessing $14,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Go-Crete, Docket No. 2003-1395-PST-E
on January 18, 2005 assessing $8,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gitanjali Yadav, Staff Attorney at (512) 239-2029, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mohammed Adil Aqil dba Two Way Quick
Stop, Docket No. 2002-1154-PST-E on January 18, 2005 assessing $15,225 in
administrative penalties with $14,625 deferred.
Information concerning any aspect of this order may be obtained by contacting
Benjamin DeLeon, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Shanil-Tex, Inc. dba Alex's Mobil,
Docket No. 2003-0856-PST-E on January 18, 2005 assessing $2,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jim Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jeff Green, Docket No. 2003-0551-PST-E
on January 18, 2005 assessing $1,800 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sarah Utley, Staff Attorney at (210) 490-3096, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Bonham, Docket No. 2003-0312-MLM-E
on January 18, 2005 assessing $3,933 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Martindale Water Supply Corporation,
Docket No. 2003-1253-MLM-E on January 28, 2005 assessing $1,001 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Sarah Utley, Staff Attorney at (210) 490-3096, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Detroit, Docket No. 2003-0332-MWD-E
on January 18, 2005 assessing $8,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department of Transportation,
Docket No. 2002-0492-PST-E on January 18, 2005 assessing $7,500 in administrative
penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Duke Energy Field Services, L.P.,
Docket No. 2003-1094-AIR-E on January 18, 2005 assessing $2,350 in administrative
penalties with $470 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mohammad Ali Kheraj dba Value Food
Store, Docket No. 2003-0375-PST-E on January 18, 2005 assessing $11,550 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Terry L. Babb, Sr. dba Twin Oaks
Mobile Home Park, Docket No. 2003-1328-PWS-E on January 28, 2005 assessing
$4,550 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lindsay Andrus, Staff Attorney at (512) 239-4761, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tideport Petroleum, Inc., Docket
No. 2003-0163-PST-E on January 18, 2005 assessing $1,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Benjamin DeLeon, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding James Patrick Kral, Docket No. 2003-0480-OSI-E
on January 18, 2005 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sarah Utley, Staff Attorney at (210) 490-3096, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SET Environmental, Inc., Docket No.
2003-1548-IWD-E on January 18, 2005 assessing $1,800 in administrative penalties
with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Christina McLaughlin, Enforcement Coordinator at (512) 239-6589, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding North Texas Municipal Water District,
Docket No. 2004-0137-AIR-E on January 18, 2005 assessing $1,395 in administrative
penalties with $279 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PWT Enterprises, Inc. dba King Kleen
Car Wash, Docket No. 2004-0190-IWD-E on January 28, 2005 assessing $6,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Murphy Oil USA, Inc., Docket No.
2004-0218-EAQ-E on January 18, 2005 assessing $750 in administrative penalties
with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (512) 239-3308, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Steve Eugene Fontenot, Sr., Docket
No. 2004-0260-OSI-E on January 18, 2005 assessing $250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cliff Jackson Chambers, Docket No.
2004-0261-OSI-E on January 18, 2005 assessing $250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Barbara Watson, Staff Attorney at (512) 239-2044, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Centex Dairy, L.L.C., Docket No.
2004-0339-AGR-E on January 18, 2005 assessing $810 in administrative penalties
with $162 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & I Oil Company, Inc, Docket
No. 2004-0366-PST-E on January 18, 2005 assessing $500 in administrative penalties
with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
Leila Pezeshki, Enforcement Coordinator at (210) 403-4080, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William R. Coffey dba Moody Water
System, Docket No. 2004-0368-PWS-E on January 18, 2005 assessing $5,700 in
administrative penalties with $1,140 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Goodyear Tire & Rubber Company,
Docket No. 2004-0393-AIR-E on January 18, 2005 assessing $3,300 in administrative
penalties with $660 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sabre Communications Corporation,
Docket No. 2004-0559-AIR-E on January 18, 2005 assessing $770 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lori Thompson, Enforcement Coordinator at (903) 535-5116, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of San Saba, Docket No. 2004-0649-MSW-E
on January 18, 2005 assessing $1,020 in administrative penalties with $204
deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Meridian, Docket No. 2004-0666-PWS-E
on January 18, 2005 assessing $735 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cari Bing, Enforcement Coordinator at (512) 239-1445, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The George R. Brown Partnership,
L.P., Docket No. 2004-0683-AIR-E on January 18, 2005 assessing $28,050 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rio Grande Regional Hospital, Inc.,
Docket No. 2004-0737-PST-E on January 18, 2005 assessing $5,520 in administrative
penalties with $1,104 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Douglas Utility Company, Docket No.
2004-0783-MWD-E on January 18, 2005 assessing $6,080 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William C. Miller, Docket No. 2004-0851-OSI-E
on January 18, 2005 assessing $250 in administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pharr, Docket No. 2004-0819-MLM-E
on January 18, 2005 assessing $3,600 in administrative penalties with $720
deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200500465
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 2, 2005
Notice mailed January 28, 2005.
Texas Commission on Environmental Quality (TCEQ) Internal Control No. 11122004-D03;
The Lyman S. Reed Family Limited Partnership (Petitioner) filed a petition
for creation of Galveston County Municipal Utility District No. 52 (District)
with the TCEQ. The petition was filed pursuant to Article XVI, Section 59
of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas
Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules
of the TCEQ. The petition states the following: (1) the Petitioner is the
owner of a majority in value of the land to be included in the proposed District;
(2) there are no lien holders on the property to be included in the proposed
District; (3) the proposed District will contain approximately 277.49 acres
located within Galveston County, Texas; and (4) the proposed District is within
the corporate boundaries of the City of Texas City, Texas, and no portion
of land within the proposed District is within the corporate limits or extraterritorial
jurisdiction of any other city, town or village in Texas. By Resolution No.
04-98, effective August 4, 2004, the City of League City, Texas gave its consent
to the creation of the proposed District. The petition further states that
the proposed District will: (1) purchase, construct, acquire, maintain and
operate a waterworks and sanitary sewer system for residential and commercial
purposes; (2) construct, acquire, improve, extend, maintain and operate works,
improvements, facilities, plants, equipment and appliances helpful or necessary
to provide more adequate drainage for the property in the proposed District;
and (3) control, abate and amend local storm waters or other harmful excesses
of water, as more particularly described in an engineer's report filed simultaneously
with the filing of the petition. According to the petition, the Petitioners
have conducted a preliminary investigation to determine the cost of the project,
and from the information available at the time, the cost of the project is
estimated to be approximately $16,500,000.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on a petition if a written
hearing request is filed within 30 days after the newspaper publication of
the notice. To request a contested case hearing, you must submit the following:
(1) your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any; (2) the name
of the petitioner and the TCEQ Internal Control Number; (3) the statement
"I/we request a contested case hearing;" (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. You may also submit your proposed adjustments to the petition
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
below.
The Executive Director may approve a petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of the notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200500463
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 2, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
March
11, 2005
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 11, 2005
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing
.
(1) COMPANY: Frank Chmielowski dba Panchos Country Store; DOCKET NUMBER:
2003- 1041-PST-E; TCEQ ID NUMBERS: 39301 and RN101432060; LOCATION: three
miles north of Highway 107, Edinburgh, Hidalgo County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
petroleum underground storage tanks; PENALTY: $3,150; STAFF ATTORNEY: Jeffrey
Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Harlingen
Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(2) COMPANY: Leroy Kirbie, Jr.; DOCKET NUMBER: 2003-1574-OSI-E; TCEQ ID
NUMBERS: OS8528 and RN103387023; LOCATION: 1340 Oakridge Road, Azle, Tarrant
County, Texas; TYPE OF FACILITY: on-site septic facility (OSSF) installer;
RULES VIOLATED: 30 TAC §30.5(a) and §285.50(e) and Texas Health
and Safety Code (THSC), §366.071(c), by failing to possess a current
site evaluator's license at the time he conducted preconstruction site evaluations,
including visiting the site and performing a soil analysis, a site survey,
or other activities necessary to determine the suitability of the site for
an OSSF; and 30 TAC §30.5(b), by failing to possess a site evaluator's
license prior to advertising or representing to the public that he could perform
preconstruction OSSF site evaluation services; PENALTY: $500; STAFF ATTORNEY:
Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(3) COMPANY: Shawn Horvath dba Aero Valley Water Service; DOCKET NUMBER:
2002- 0867-PWS-E; TCEQ ID NUMBERS: 0610243, 11401, and RN101198331; LOCATION:
950 Airport Road, Roanoke, Denton County, Texas; TYPE OF FACILITY: public
water supply system; RULES VIOLATED: 30 TAC §290.109(c) and §290.122(c)
and THSC, §341.033(d), by failing to collect and analyze at least one
water sample per month for bacteriological analysis and to provide public
notification for sampling deficiency; 30 TAC §290.121, by failing to
develop and maintain a chemical and microbiological monitoring plan; 30 TAC §290.45(b)(1)(C)(ii)
and THSC, §341.0315(c), by failing to provide a minimum total storage
capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii)
and THSC, §341.0315(c), by failing to provide a minimum of two service
pumps with a minimum pumping capacity of 2.0 gallons per minute per connection;
30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to
provide a minimum pressure tank capacity of 20 gallons per minute per connection;
30 TAC §290.39(e), by failing to submit planning material; 30 TAC §290.42(e)(3),
by failing to provide mechanical chlorination equipment so that continuous
and effective disinfection can be secured under all conditions; 30 TAC §290.110(b)(4),
by failing to maintain a minimum of 0.2 milligrams per liter free chlorine
residual throughout the distribution system; 30 TAC §290.110(d)(3), by
failing to possess a chlorine test kit which uses the diethyl-P-phenylenediamine
method to determine the chlorine residual; 30 TAC §290.110(c)(5)(A),
by failing to perform chlorine residual tests at least once every seven days;
30 TAC §290.46(h), by failing to maintain on hand a supply of calcium
hypochlorite disinfectant; 30 TAC §290.41(c)(3)(O) and §290.43(e),
by failing to enclose all facilities in an intruder-resistant fence; 30 TAC §290.44(d)(4),
by failing to provide accurate metering devices at each service connection
to provide water usage data; 30 TAC §290.46(m)(l)(B), by failing to adopt
an adequate plumbing ordinance, regulations, or a service agreement with provisions
for proper enforcement to ensure that neither cross connections nor unacceptable
plumbing practices are permitted; 30 TAC §290.46(j), by failing to complete
a customer service inspection certification prior to providing continuous
water service to new construction, on any existing service when the water
purveyor has reason to believe that cross- connection or other unacceptable
plumbing practices exist, or after any material improvement, correction, or
addition to the private plumbing facilities; 30 TAC §290.46(f), by failing
to maintain operating records; 30 TAC §290.44(h), by failing to establish
a cross-connection control program; 30 TAC §290.46(1), by failing to
flush all dead-end mains monthly or more frequently to maintain water quality;
30 TAC §290.46(n)(2), by failing to prepare and maintain an accurate
and up-to-date map of the distribution system; 30 TAC §290.46(t), by
failing to post a legible sign of the system's ownership at the facility;
30 TAC §290.46(e)(1) and THSC, §341.033, by failing to have the
system under the direct supervision of an adequately certified operator; 30
TAC §290.43(c)(1) - (4); by failing to design, fabricate, erect, test,
and disinfect all facilities for potable water storage in strict accordance
with current American Water Works Association standards; 30 TAC §290.43(d)(2),
by failing to provide all pressure tanks with pressure release devices and
to provide the pressure tanks with an easily readable pressure gauge; 30 TAC §290.46(m)(1)(A),
by failing to inspect the ground storage tank annually; 30 TAC §290.46(m)(1)(B),
by failing to inspect the pressure tanks annually; 30 TAC §290.41(c)(3)(K),
by failing to seal the wellhead with the use of gaskets or sealing compound
and to provide the well with a screened casing vent; 30 TAC §290.41(c)(3)(M),
by failing to provide a suitable sampling tap on the well discharge line;
30 TAC §290.41(c)(3)(N), by failing to install a flow meter on the well
pump discharge line; 30 TAC §290.42(i), by failing to provide American
National Standards Institute/National Sanitation Foundation certification
for all chemicals used in treatment of water supplied; 30 TAC §290.46(m),
by failing to initiate a maintenance program to ensure the good working condition
and appearance of the system's facilities and equipment; 30 TAC §290.43(d)(3)
and THSC, §341.036, by failing to equip all air compressor injection
lines for pressure tanks with a filter or other device to prevent compressor
lubricants and other contaminants from entering the pressure tank; 30 TAC §290.41(c)(3)(B),
by failing to provide a well casing 18 inches above the elevation of the finished
floor of the pump house or natural ground surface; 30 TAC §290.46(r),
by failing to operate a water distribution system to provide a minimum pressure
of 35 pounds per square inch throughout the distribution system; and 30 TAC §290.109(c)(3)(A)(i)
and §290.122(c), by failing to collect the appropriate number of repeat
bacteriological samples and to provide public notification of the sampling
deficiency; PENALTY: $19,400; STAFF ATTORNEY: David Speaker, Litigation Division,
MC 175, (512) 239-2548; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200500468
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 2, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
March 11, 2005
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on March 11, 2005
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: 2 M Vest, Inc. dba Mason Fast Stop; DOCKET NUMBER: 2003-0322-PST-
E; TCEQ ID NUMBERS: 0075313 and RN102821535; LOCATION: 2950 South Mason Road,
Katy, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(a), by failing to submit a UST registration and self-certification
form to the TCEQ; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available a valid, current TCEQ delivery certificate before
delivery of a regulated substance into the UST system; PENALTY: $600; STAFF
ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(2) COMPANY: A. Schulman, Inc.; DOCKET NUMBER: 2003-0156-IWD-E; TCEQ ID
NUMBERS: 003377-000 and RN101518533; LOCATION: Thomas Street east of Farm-to-Market
Road 105, Orange, Orange County, Texas; TYPE OF FACILITY: carbon black distribution
plant with a wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1),
TCEQ Permit Number 003377-000, Effluent Limitations and Monitoring Requirements
Numbers 1 and 2, and TWC, §26.121(a), by failing to comply with the permitted
effluent limits; PENALTY: $21,723; STAFF ATTORNEY: Gitanjali Yadav, Litigation
Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: AGA Enterprises, Inc.; DOCKET NUMBER: 2003-1188-PST-E; TCEQ
ID NUMBERS: 54159 and RN102041571; LOCATION: 7120 Interstate Highway 10, Orange,
Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to amend,
update, or change registration information; 30 TAC §334.50(b)(1)(A),
(b)(2)(A), and (b)(2)(A)(i)(III), and TWC, §26.3475(c), by failing to
monitor the UST system for releases at least once per month, by failing to
conduct the annual performance and operation reliability test on the line
leak detector, and by failing to monitor the UST piping for possible releases;
30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to successfully complete the annual pressure decay test for the
Stage II vapor recovery equipment installed at the station; 30 TAC §115.246(4)
and (5) and THSC, §382.085(b), by failing to maintain Stage II training
records at the station; 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure
a valid delivery certificate is posted at the station and is visible at all
times; 30 TAC §§115.222(3), 115.242(4), and 334.72(2)(A), and THSC, §382.085(b),
by failing to detect a gasoline leak in the plus line underneath the dispenser
on pump number three; 30 TAC §115.244(3) and THSC, §382.085(b),
by failing to conduct monthly inspections of the Stage II vapor recovery system;
30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to repair
inoperative Stage I dry break on the unleaded tank; and 30 TAC §334.50(d)(1)(B)(ii),
by failing to reconcile inventory control records at least once every month
sufficiently accurate to detect a release which equals or exceeds the sum
of 1.0% of the total substance flowthrough for the month plus 130 gallons;
PENALTY: $13,000; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division,
MC 175, (512) 239-6939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: BASF Fina Petrochemicals LP; DOCKET NUMBER: 2003-1317-AIR-E;
TCEQ ID NUMBER: JE-0843-F; LOCATION: 2700 Highway 366, Port Arthur, Jefferson
County, Texas; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §101.211(a)(1)(E)
and (b)(6), and THSC, §382.085(b), by failing to include the expected
and actual times of scheduled startup activities at the ethylene unit on the
initial and final notifications for the startup period; 30 TAC §101.20(3)
and §116.115(b)(2)(G) and (c), Permit Numbers 36644/PSD-TX-903/ 007,
Special Condition 1, and THSC, §382.085(b), by failing to comply with
the permitted limit of 5.23 pounds per hour for volatile organic compounds
(VOCs) from the ground flare; THSC, §382.085(a), by failing to prevent
unauthorized releases of VOC and hydrogen sulfide (H
2
S) emissions from the emergency bypass vent; 30 TAC §101.201(a)(1)(A)
and (B), and THSC, §382.085(b), by failing to report emissions events
within 24 hours of discovery of the events and failing to determine if the
emissions events were reportable and submit notification to the regional office
within 24 hours after discovery; 30 TAC §101.20(3), §116.115(b)(2)(G)
and (c), Permit Numbers 36644/PSD-TX-903/N 007, Special Condition 1, and THSC, §382.085(b),
by failing to comply with the permitted limits for nitrogen oxides (NO
(5) COMPANY: Deer Creek Ranch, Inc. dba Deer Creek Water Co.; DOCKET NUMBER:
2002-0773-PWS-E; TCEQ ID NUMBERS: 2270049 and RN100822527; LOCATION: east
of Ranch-to-Market Road 3238 and 6.5 miles south of State Highway 71, Travis
County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.118
and THSC, §341.031(a), by failing to provide water that meets the commission's
secondary constituent levels for iron, chloride, sulfate, and total dissolved
solids; 30 TAC §290.46(f)(2), by failing to maintain documentation of
annual tank inspections for the ground storage tank and pressure tank; 30
TAC §290.46(f)(3)(E)(iv), by failing to maintain copies of customer service
inspections for at least ten years; 30 TAC §290.46(n)(2), by failing
to provide an accurate and up-to-date map of the distribution system; 30 TAC §290.43(c)(3),
by failing to modify the overflow pipe flap valve assembly on the ground storage
tank to provide no more than a 1/16-inch gap; 30 TAC §290.110(d)(3)(C)(i),
by failing to use an approved method for measuring the free chlorine residual;
30 TAC §290.43(e), by failing to provide an intruder-resistant fence;
30 TAC §290.45(b)(1)(C)(i), by failing to provide a minimum well capacity
of 0.6 gallons per minute per service connection; 30 TAC §290.46(u),
by failing to plug abandoned public water supply wells owned by the facility;
and 30 TAC §290.46(e)(4)(A), by failing to operate the facility under
the direct supervision of a competent water works operator holding a class
D or higher operator's certificate; PENALTY: $13,110; STAFF ATTORNEY: Lindsay
Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Austin
Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
TRD-200500467
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 2, 2005
The following notices were issued during the period of January 25, 2005
through February 1, 2005.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
BECKER UTILITY CORPORATION has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014565001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 420,000 gallons per day. The facility is located east of
Talley Road approximately 3.8 miles north of Potranco Road (Farm-to-Market
Road 1957) and approximately 3.1 miles south of Culebra Road (Farm-to-Market
Road 471) in Northwest Bexar County, Bexar County, Texas.
BILL BRILEY has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0014547001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 12,000
gallons per day. The facility will be located on the east side of Highway
56 approximately 3 miles north of the intersection of Highway 56 and Highway
377 in Glen Rose in Somervell County, Texas.
CITY OF CLUTE has applied for a major amendment to TPDES Permit No. 10044-001
to remove effluent limitations and monitoring requirements for total copper
and total zinc. The facility is located approximately 800 feet east of the
intersection of Lake Jackson Road and State Highway 288 on the north side
of the Missouri Pacific Railroad in the City of Clute in Brazoria County,
Texas.
DUCK HAVEN, LTD. has applied for a renewal of TPDES Permit No. 14287-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 100,000 gallons per day. The facility is located 3.5 miles
southeast of the City of Wellborn along Farm-to-Market Road 2154 in Brazos
County, Texas.
CITY OF GARLAND which operates the City of Garland Municipal Separate Storm
Sewer System (MS4), has applied for a renewal of NPDES Permit No. TXS001001,
which authorizes storm water point source discharges to surface water in the
state from the City of Garland MS4. The permit will be renewed as TPDES Permit
No. WQ0004682000. The MS4 is located within the corporate boundary of City
of Garland, in Collin, Dallas, and Rockwall Counties, Texas
CITY OF HALLETTSVILLE has applied for a renewal of TPDES Permit No. 10013-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 800,000 gallons per day. The facility is located on the
bank of the Lavaca River, approximately 1,000 feet downstream from the U.S.
Highways 90-A and 77 bridge across the Lavaca River in the City of Hallettsville
in Lavaca County, Texas.
HANSON PIPE & PRODUCTS, INC. which operates a facility that manufactures
concrete products, has applied for a renewal of TPDES Permit No. WQ0003361000,
which authorizes the discharge of process wastewater, utility wastewater,
hydrostatic test water, and storm water on an intermittent and flow variable
basis via Outfall 001. The facility is located at the intersection of Coletoville
Road No. 1 and U.S. Highway 59, approximately five miles southwest of the
City of Victoria, Victoria County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 166 has applied for a minor
amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit
to authorize an additional interim phase at a daily average flow not to exceed
500,000 gallons per day. The existing permit authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 675,000 gallons
per day. The facility is located 16,300 West Little York Road, approximately
3,000 feet west of the intersection of State Highway 6 and West Little York
Road in Harris County, Texas.
CITY OF KENDLETON has applied for a renewal of TPDES Permit No. 10996-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 80,000 gallons per day. The facility is located approximately
1,500 feet east of the intersection of Farm-to-Market Road 2219 and U.S. Highway
59, and 1,000 feet south of U.S. Highway 59 in Fort Bend County, Texas.
CITY OF NATALIA has applied for a renewal of TPDES Permit No. 11806-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 260,000 gallons per day. The facility is located approximately
1,200 feet southwest of the City of Natalia on the west side of 6th Street
in Medina County, Texas.
QUAIL VALLEY UTILITY DISTRICT has applied for a renewal of TPDES Permit
No. WQ0011046001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 4,000,000 gallons per day. The facility
is located at 2939 Blue Lakes Lane, approximately 600 feet south of the terminus
of Nancy Belle Lane, at the confluence of Stafford Run and Oyster Creek in
Missouri City in Fort Bend County, Texas.
SAN ANTONIO RIVER AUTHORITY has applied for a renewal of TPDES Permit No.
14042-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 150,000 gallons per day. The facility is
located approximately 0.35 miles south on Loop 1604 from the intersection
of Interstate Highway 10 and Loop 1604, 600 feet west of Loop 1604 in Bexar
County, Texas.
SAN ANTONIO WATER SYSTEM has applied for a renewal of TPDES Permit No.
10137-004, which authorizes intermittent discharges from Mitchell Lake. Mitchell
Lake has been removed from the City of San Antonio wastewater treatment system,
but because it was once used as a wastewater treatment pond, discharges from
Mitchell Lake are regulated. The facility is located approximately one mile
south of Loop 410 and east of Pleasanton Road, south of the City of San Antonio
in Bexar County, Texas.
CITY OF SMILEY has applied for a renewal of TPDES Permit No. 10574-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 42,000 gallons per day. The facility is located approximately
1,250 feet west of Farm-to-Market Road 108 and 4,200 feet northwest of the
intersection of U.S. Highway 87 and Farm-to-Market Road 108 in Gonzales County,
Texas.
SPENCER ROAD PUBLIC UTILITY DISTRICT has applied for a renewal of TPDES
Permit No. 11472-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 980,000 gallons per day. The facility
is located at 14310 Spencer Road (Farm-to-Market Road 529), approximately
2,000 feet west of the intersection of Jackrabbit Road and Spencer Road, approximately
1.1 miles east of the intersection of State Highway 6 and Spencer Road, adjacent
to the east bank of Horsepen Creek in Harris County, Texas.
TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 has applied for a renewal
of Permit No. 13206-001, which authorizes the disposal of treated domestic
wastewater at a volume not to exceed a daily average flow of 720,000 gallons
per day via irrigation of 298.7 acres of golf course. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 5.5 miles southeast of the intersection
of State Highway 71 and Farm-to-Market Road 2244 and 0.5 mile south of Barton
Creek in Travis County, Texas.
CITY OF TROY has applied for a renewal of TPDES Permit No. 11263-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 309,000 gallons per day. The facility is located approximately
5,500 feet north of the center of the City of Troy and lying between Interstate
Highway 35 and the Missouri, Kansas, and Texas Railroad in Bell County, Texas.
U.S. DEPARTMENT OF THE ARMY has applied for a renewal of Permit No. 12080-001,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 690,000 gallons per day via spray irrigation
of 189.75 acres of adjacent grassland. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located approximately 1,000 feet east of Military Highway and 0.5 mile southeast
of the Headquarters Building at Camp Bullis in Bexar County, Texas.
V&M STAR, A PARTNERSHIP WITH GENERAL AND LIMITED PARTNERS, LP, which
operates a tubular goods end finishing plant, has applied for a renewal of
TPDES Permit No. WQ0003787000, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 23,000 gallons per day via
Outfall 001, and process wastewater as blowdown from the cooling tower at
a daily average flow not to exceed 8,000 gallons per day via Outfall 002.
The facility is located at 8603 Sheldon Road, approximately 1.5 miles south
of the intersection of Sheldon Road and U.S. Highway 90 in the City of Channelview,
Harris County, Texas.
TRD-200500464
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 2, 2005
Notice mailed January 28, 2005.
APPLICATION NO. 2006A; The Greater Texoma Utility Authority (GTUA) has
applied for an amendment to its Water Use Permit No. 4301 (Application No.
2006) to change the use of all of the water authorized therein to municipal
and industrial; to authorize an interbasin transfer of the water for diversion
and use within the service areas of GTUA's customers in the adjoining Sabine
River and Trinity River Basins; and to authorize the use of the bed and banks
of West Prong of Sister Grove Creek and Sister Grove Creek to convey water
from Lake Texoma to and through Lake Lavon for subsequent diversion by the
North Texas Municipal Water District. Public meetings will be held in the
basin of origin (Red River Basin) and each receiving basin (Sabine River Basin
and Trinity River Basin). More information on the application and how to participate
in the permitting process is given below. The application was received on
April 19, 2004. Additional fees and information were received on June 15,
2004 and June 21, 2004. The Executive Director reviewed the application and
determined it to be administratively complete and it was filed with the Chief
Clerk of the Texas Commission on Environmental Quality (TCEQ) on June 29,
2004. The Executive Director has not completed a technical review of the application.
The TCEQ will hold public meetings to receive comments on the application
for an amendment filed by the applicant, GTUA. The public meetings will consist
of two parts, an Informal Discussion Period and a Formal Comment Period. During
the Informal Discussion Period, the public is encouraged to ask questions
of the applicant and TCEQ staff concerning the application, but comments made
during the informal period will not be considered by the Commissioners before
reaching a decision on the application and no formal response will be made.
During the Formal Comment Period, members of the public may state their comments
into the official record. The Executive Director will summarize the formal
comments and prepare a written response. The written response will be considered
by the Commissioners in their decision-making process and upon request will
be available to the public. Public Meetings are to be held: (1) Monday, March
28, 2005 at 7:00 p.m., Grayson County Courthouse, Commissioner's Courtroom,
100 W. Houston, 1st Floor, Sherman, Texas 75090; (2) Tuesday, March 29, 2005
at 7:00 p.m., University Drive Court Facility, Central Jury Room, 1800 N.
Graves, 1st Floor, McKinney, Texas 75069; and (3) Thursday, March 31, 2005
at 7:00 p.m., Hunt County Courthouse, Commissioner's Courtroom, 2500 Lee Street,
2nd Floor, Greenville, Texas 75401.
Citizens are encouraged to submit written comments anytime during the meetings
or by mail before the meetings to the Office of the Chief Clerk, TCEQ, MC
105, P.O. Box 13087, Austin, Texas 78711-3087. If you need more information,
please call the TCEQ Office of Public Assistance, toll free at 1-800-687-4040.
The full text of this notice issued on January 28, 2005 is available on
the web at the following address: www.tceq.state.tx.us/comm_exec/cc/cc_db.html.
When entering the permit number for the search, enter: WRPERM 4301
If you do not have access to the web and would like to obtain a full copy
of the notice, please contact the Office of the Chief Clerk at the address
indicated below or by calling (512) 239-3315.
The TCEQ 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.
INFORMATION SECTION
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, Texas 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200500462
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: February 2, 2005
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
March 14, 2005
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on March 14, 2005
. Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: Adan R. Ocampo dba Adam Auto Service; DOCKET NUMBER: 2004-1599-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Identification Number 62180, Regulated
Entity Identification Number (RN) 101573566; LOCATION: Euless, Tarrant County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $2,910; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(2) COMPANY: Cal Farley's Girlstown USA; DOCKET NUMBER: 2004-1165-PST-E;
IDENTIFIER: PST Registration Number 69624, RN102343191; LOCATION: Whiteface,
Cochran County, Texas; TYPE OF FACILITY: nonprofit home for girls; RULE VIOLATED:
30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c), by failing
to reconcile inventory control records; and 30 TAC §290.51(a)(3) and
the Code, §5.702, by failing to pay a public health service fee for Fiscal
Year 2003; PENALTY: $2,000; ENFORCEMENT COORDINATOR: David Van Soest, (512)
239-0468; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520,
(806) 796-7092.
(3) COMPANY: Davis Iron Works Operations, Limited; DOCKET NUMBER: 2004-0479-PST-E;
IDENTIFIER: PST Identification Number 37848, RN102370046; LOCATION: Hewitt,
McLennan County, Texas; TYPE OF FACILITY: fleet refueling center; RULE VIOLATED:
30 TAC §334.50(a)(1)(A), (b)(1)(A) and (2)(B)(i)(I), (d)(1)(B)(ii) and
(iii)(I), and the Code, §26.3475(a) and (c)(1), by failing to provide
release detection and by failing to have each separate suction line tested;
PENALTY: $3,200; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2003-0176-AIR-E;
IDENTIFIER: Air Account Number PE0051N, RN100226695; LOCATION: Fort Stockton,
Pecos County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE
VIOLATED: 30 TAC §106.512(2)(C)(ii) and THSC, §382.085(b), by failing
to maintain records of the quarterly testing requirement for oxides of nitrogen
and carbon monoxide; PENALTY: $1,040; ENFORCEMENT COORDINATOR: Tel Croston,
(512) 239-5717; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107,
Midland, Texas 79705-5404, (915) 570-1359.
(5) COMPANY: Hobas Pipe USA, LP dba Hobas Pipe USA, Inc.; DOCKET NUMBER:
2004-1425-AIR-E; IDENTIFIER: Air Account Number HG1531T, Federal Operating
Permit Number O-01015, RN102540812; LOCATION: Houston, Harris County, Texas;
TYPE OF FACILITY: plastic pipe manufacturing; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit their annual compliance certification;
30 TAC §116.116(a)(1) and THSC, §382.085(b), by failing to represent
the particulate matter omissions resulting from the calcium carbonate unloading
activities; and 30 TAC §§122.121, 122.503(a)(1), and 122.516(a)(2),
and THSC, §382.054, by failing to submit a Title V site operating permit;
PENALTY: $11,312; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(6) COMPANY: Kinder Morgan Production Company LP; DOCKET NUMBER: 2004-0333-AIR-E;
IDENTIFIER: Air Account Number SG0029C, RN102170966; LOCATION: Snyder, Scurry
County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30
TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report
63 reportable emission events; 30 TAC §116.115(b)(2)(F) and §122.143(4),
Federal Operating Permit Number 514, Permit 48978 Emission Sources Maximum
Allowable Emission Rate Table, and THSC, §382.085(b), by failing to contain
their emissions below the emission sources maximum allowable emission rates
for permit number 48978; 30 TAC §122.145(2)(A) and (C), Operating Permit
Number O-0220, and THSC, §382.085(b), by failing to report deviations;
30 TAC §116.115(c), Operating Permit Number O-0220, Voluntary Emissions
Reduction Permit Number 48798, and THSC, §382.085(b), by failing to have
pilot flare monitoring on flares and by failing to implement the diffusion
fugitive monitoring program; and 30 TAC §106.512(2)(C)(iii), Operating
Permit Number O-0220, and THSC, §382.085(b), by failing to permit initial
emission testing of compressor engineer 6A; PENALTY: $259,258; ENFORCEMENT
COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(7) COMPANY: Kraft Food Global, Inc.; DOCKET NUMBER: 2004-1166-AIR-E; IDENTIFIER:
Air Account Number HG0478P, RN100214931; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: coffee processing; RULE VIOLATED: 30 TAC §101.359
and THSC, §382.085(b), by failing to submit the 2002 annual compliance
report; and 30 TAC §101.352(b) and THSC, §382.085(b), by failing
to hold a quantity of allowances in its compliance account; PENALTY: $1,664;
ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Lower Colorado River Authority; DOCKET NUMBER: 2004-1494-EAQ-E;
IDENTIFIER: Edwards Aquifer Protection Program Number 11-01121403, RN102769544;
LOCATION: near Austin, Williamson County, Texas; TYPE OF FACILITY: construction
project; RULE VIOLATED: 30 TAC §213.4(a)(1), (b)(2)(D), and (k), by failing
to have approved modifications prior to commencing construction and by failing
to comply with an approved Edwards Aquifer protection plan; PENALTY: $16,200;
ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 1921
Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(9) COMPANY: Mex-Pak-U.S.A., Inc. dba Shop and Save Food Store; DOCKET
NUMBER: 2004-1174-PST-E; IDENTIFIER: PST Facility Identification Number 57107,
RN101790319; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$2,400; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL
OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: Dwain Modisette dba Mobile Tractor Repair; DOCKET NUMBER:
2004-1552-MSW-E; IDENTIFIER: RN104297957; LOCATION: Lufkin, Angelina County,
Texas; TYPE OF FACILITY: tractor repair; RULE VIOLATED: 30 TAC §324.4
and THSC, §371.041, by failing to properly dispose of used oil; PENALTY:
$150; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE:
4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(11) COMPANY: Roger Beasley Imports, Inc. dba Mazda South; DOCKET NUMBER:
2004-1913-PST-E; IDENTIFIER: PST Facility Identification Number 51500, RN100676451;
LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: retail sale of automobiles
with repair and fueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT
COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(12) COMPANY: Tab Lonestar Holding Inc. dba Super Stop 14; DOCKET NUMBER:
2004-1923-PST-E; IDENTIFIER: PST Facility Identification Number 40091, RN102383064;
LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$950; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: City of Thrall; DOCKET NUMBER: 2004-0263-MLM-E; IDENTIFIER:
Public Water Supply (PWS) Number 2460015, RN101388171; LOCATION: Thrall, Williamson
County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(3)(C),
(f)(3)(A)(i), (i), (m)(1), (n)(2), and (v), by failing to obtain the services
of a C groundwater licensed operator, by failing to document chlorine usage,
by failing to adopt a plumbing ordinance or have service agreements, by failing
to have annual tank inspection records, by failing to have a water system
distribution map, and by failing to install the well's wiring in conduit;
30 TAC §288.20(a), by failing to have a drought contingency plan available;
30 TAC §290.44(h)(1)(A), by failing to have a backflow prevention device
installed at the car wash; 30 TAC §290.110(d)(3), by failing to have
a diethyl-p-phenylenediamine chlorine kit; and 30 TAC §290.43(c)(4),
by failing to provide water level indicators for the storage tanks; PENALTY:
$3,268; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(14) COMPANY: Thomas Minaldi dba Timberlane Water System, Inc.; DOCKET
NUMBER: 2004-0542-PWS-E; IDENTIFIER: PWS Number 2020054, RN101182624; LOCATION:
Hemphill, Sabine County, Texas; TYPE OF FACILITY: surface water treatment;
RULE VIOLATED: 30 TAC §290.109(c)(1)(A) and §290.110(b)(4) and (c),
by failing to adequately chlorinate the water, monitor chlorine residuals,
and take bacteriological samples in the distribution system; 30 TAC §290.43(c)(2),
by failing to provide the 20,000-gallon ground storage tank with a roof access
opening; and 30 TAC §290.45(b)(1)(B)(i) and (iv), by failing to meet
the agency's minimum water system capacity requirements; PENALTY: $998; ENFORCEMENT
COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: Transcontinental Gas Pipe Line Corporation; DOCKET NUMBER:
2004-0029-AIR-E; IDENTIFIER: Air Account Number WF0065A, RN100222728; LOCATION:
El Campo, Wharton County, Texas; TYPE OF FACILITY: natural gas compressor
station; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Permit Number
53758, and THSC, §382.085(b), by failing to demonstrate compliance with
the applicable emission standards; PENALTY: $3,600; ENFORCEMENT COORDINATOR:
Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Valor Telecommunications of Texas, LP; DOCKET NUMBER: 2004-1668-PST-E;
IDENTIFIER: PST Facility Identification Numbers 33489, 33496, 50145; RN101910990,
RN101895522, RN101794477; LOCATION: Brownfield, Littlefield, and Lubbock;
Terry, Lamb, and Lubbock Counties, Texas; TYPE OF FACILITY: telecommunication
centers equipped with emergency generators with associated underground storage
tanks (USTs); RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii), by
failing to make available to a common carrier a valid, current delivery certificate
and by failing to submit the UST registration and self-certification form;
PENALTY: $3,700; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL
OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
TRD-200500445
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 1, 2005
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Texas Natural Resources Code, notice is
hereby given that Jerry Patterson, Commissioner of the General Land Office,
approved a coastal boundary survey, submitted by Sidney Bouse, Licensed State
Land surveyor, conducted November 12, 2004, locating the following shoreline
boundary:
Survey in Brazoria County, a portion of the Texas Gulf Coast shoreline
including portions of the Stephen F. Austin Survey 1/3 League, Abstract No.
28 and the John G. McNeel Survey, Abstract No. 335.
For a copy of this survey or more information on this matter, contact Ben
Thomson, Director of the Survey Division, Texas General Land Office by phone
at (512) 463-5212, e-mail ben.thomson@glo.state.tx.us, or fax (512) 463-5098.
TRD-200500419
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: January 31, 2005
Notice of Intent to Amend Consulting Contract
The Health and Human Services Commission ("HHSC") currently contracts with
International Biometric Group ("IBG") to provide independent evaluation and
related services in the Front-End Authentication and Fraud Prevention System
Pilot Project. This project seeks to (1) reduce the number of Medicaid fraud
cases arising from authentication fraud and abuse; (2) reduce the total amount
of Medicaid expenditures by generating substantial, measurable, and sustainable
cost saving for taxpayers; (3) reduce the number of fraudulent participants
in the Medicaid Program; and (4) comply with the requirements of House Bill
2292 relating to the implementation of this Pilot Project. Under the terms
of the contract, IBG has acted as HHSC's Independent Evaluation Vendor for
this Pilot Project.
The term of the original contract between HHSC and IBG commenced on January
27, 2004, and extends through March 31, 2005.
As required by the provisions of Texas Government Code, Chapter 2254, prior
to amending its contract with IBG, HHSC extends this invitation to qualified
and experienced consultants interested in providing the consulting services
described in this notice. Unless a better offer (as determined by HHSC) is
received from another vendor in response to this notice, HHSC intends to enter
into negotiations with IBG to amend its consulting services contract, and
to extend the term through November 30, 2005.
Scope of Work/Offer Specifications:
IBG acts as HHSC's Independent Evaluation Vendor for the Front-End Authentication
and Fraud Precention System Pilot Project, which utilizes biometric identification
technology to verify Medicaid recipients' identities.
As the Independent Evaluation Vendor for the Pilot Project, IBG (1) provides
continuous evaluation and verification of operations and performance of the
selected Pilot Project Vendors' solutions; (2) analyzes, evaluates, and provides
routine reporting on Pilot Project activities and performance; (3) IBG alerts
appropriate HHSC staff on any issues, deviations or potential problems with
the Pilot Project; and (4) provides recommendations for corrective actions.
More detailed information regarding the Scope of Work Statement and specifications
for submitting offers are available for review by potential interested consultants.
Parties interested in reviewing the Scope of Work or submitting a competing
offer should contact HHSC's sole point of contact regarding this notice, Ms.
Sherry McCulley, Health and Human Services Commission, 909 West 45th Street,
Austin, Texas 78751, Sherry.McCulley@hhsc.state.tx.us. Additional information
will be placed on HHSC's website at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html
Finding of Fact:
HHSC has submitted a request to the Governor's Office of Budget, Planning,
and Policy for a finding of fact that the requested consulting services are
necessary. Execution of a contract or an amendment to the current contract
is contingent upon receipt of such a finding.
Criteria for Selection:
HHSC intends to negotiate an amendment to its contract with IBG unless
it receives a better offer for the desired services. HHSC will make its selection
based on demonstrated competence, knowledge and qualifications, considering
the reasonableness of the proposed fees for services.
How To Respond; Submittal Deadline:
All offers must be received no later than 5:00 pm, Central Time, on March
7, 2005. Submissions received after the deadline will not be considered. Offers
must be submitted to HHSC's sole point of contact listed above.
Questions:
Questions concerning this invitation and all offers in response to this
notice should be submitted in writing or by email and directed to HHSC's sole
point of contact listed above.
HHSC reserves the right to accept or reject any or all proposals submitted.
HHSC is under no legal or other obligation to execute any contracts on the
basis of this notice. HHSC will not pay for any costs incurred by any entity
in responding to this notice.
TRD-200500486
Carey E. Smith
General Counsel
Texas Health and Human Services Commission
Filed: February 2, 2005
The Health and Human Services Commission ("HHSC") currently contracts with
MTG Management Consultants, L.L.C. ("MTG") to provide project management and
related services in the Front-End Authentication and Fraud Prevention System
Pilot Project. This project seeks to (1) reduce the number of Medicaid fraud
cases arising from authentication fraud and abuse; (2) reduce the total amount
of Medicaid expenditures by generating substantial, measurable, and sustainable
cost saving for taxpayers; (3) reduce the number of fraudulent participants
in the Medicaid Program; and (4) comply with the requirements of House Bill
2292 relating to the implementation of this Pilot Project. Under the terms
of the contract, MTG has acted as HHSC's Project Management Vendor for this
Pilot Project.
The term of the original contract between HHSC and MTG commenced on November
3, 2003, and extends through March 31, 2005.
As required by the provisions of Texas Government Code, Chapter 2254, prior
to amending its contract with MTG, HHSC extends this invitation to qualified
and experienced consultants interested in providing the consulting services
described in this notice. Unless a better offer (as determined by HHSC) is
received from another vendor in response to this notice, HHSC intends to enter
into negotiations with MTG to amend its consulting services contract, and
to extend the term through November 30, 2005.
Scope of Work/Offer Specifications:
MTG acts as HHSC's Project Management Vendor for the Front-End Authentication
and Fraud Precention System Pilot Project, which utilizes biometric identification
technology to verify Medicaid recipients' identities.
As the Project Management Vendor for the Pilot Project, MTG provides continuous
project management and oversight of the Pilot Program, including operational,
quality assistance (QA) and general support. MTG provides oversight of Pilot
Project Vendors' performance and progress towards project milestones and it
coordinates, collects and transmits Pilot Vendor data.
More detailed information regarding the Scope of Work Statement and specifications
for submitting offers are available for review by potential interested consultants.
Parties interested in reviewing the Scope of Work or submitting a competing
offer should contact HHSC's sole point of contact regarding this notice, Ms.
Sherry McCulley, Health and Human Services Commission, 909 West 45th Street,
Austin, Texas 78751, Sherry.McCulley@hhsc.state.tx.us. Additional information
will be placed on HHSC's website at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html
Finding of Fact:
HHSC has submitted a request to the Governor's Office of Budget, Planning,
and Policy for a finding of fact that the requested consulting services are
necessary. Execution of a contract or an amendment to the current contract
is contingent upon receipt of such a finding.
Criteria for Selection:
HHSC intends to negotiate an amendment to its contract with MTG unless
it receives a better offer for the desired services. HHSC will make its selection
based on demonstrated competence, knowledge and qualifications, considering
the reasonableness of the proposed fees for services.
How To Respond; Submittal Deadline:
All offers must be received no later than 5:00 pm, Central Time, on March
7, 2005. Submissions received after the deadline will not be considered. Offers
must be submitted to HHSC's sole point of contact listed above.
Questions:
Questions concerning this invitation and all offers in response to this
notice should be submitted in writing or by email and directed to HHSC's sole
point of contact listed above.
HHSC reserves the right to accept or reject any or all proposals submitted.
HHSC is under no legal or other obligation to execute any contracts on the
basis of this notice. HHSC will not pay for any costs incurred by any entity
in responding to this notice.
TRD-200500487
Carey E. Smith
General Counsel
Texas Health and Human Services Commission
Filed: February 2, 2005
Licensing Actions for Radioactive Materials
TRD-200500483
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 2, 2005
On January 28, 2005, the Radiation Program Officer, Department of State
Health Services (department), approved the settlement agreement between the
department and Central Testing Company, Inc. (licensee-Reciprocity) of Sulphur,
Louisiana. A total administrative penalty in the amount of $2,000 was assessed
the licensee for violations of 25 Texas Administrative Code, Chapter 289.
Of the total administrative penalty, $1,000 will be probated for a period
of one year, and will be forgiven if the registrant complies with additional
settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200500481
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 2, 2005
On January 31, 2005, the Radiation Program Officer, Department of State
Health Services (department), signed a Default Order against Weslaco Radiology
Center, Inc. (registrant - M00290) of McAllen. A total administrative penalty
in the amount of $10,000 was assessed registrant for violations of 25 Texas
Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200500482
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: February 2, 2005
Notice of Availability and Request for Comments
PROPOSED SETTLEMENT AGREEMENT FOR NATURAL RESOURCE DAMAGES RELATED TO THE
SULFURIC ACID RELEASE INTO THE TEXAS CITY SHIP CHANNEL, GALVESTON COUNTY,
TEXAS
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission
on Environmental Quality (TCEQ) and the Texas General Land Office (TGLO),
(collectively, the Trustees).
ACTION: Notice of availability of a proposed Settlement Agreement for Natural
Resource Damages related to the Martin Product Sales LLP ("Martin") sulfuric
acid release and of a 30-day period for public comment on the Agreement beginning
the date of publication of this notice.
SUMMARY: Notice is hereby given that the Trustees propose a Settlement
Agreement to compensate for natural resource injuries and ecological service
losses attributable to the release of hazardous substances into the navigable
waters of the Texas City Ship Channel in the Texas City Harbor in Galveston
Bay, Galveston County, Texas ("Incident"). The proposed Agreement calls for
the responsible party to provide $178,000 to the Trustees to be used for a
restoration project or projects in the Galveston Bay system that will provide
natural resource services equivalent to those injured or lost as a result
of the Incident.
The opportunity for public review and comment on the proposed Settlement
Agreement announced in this notice is required under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 42 United States Code (U.S.C.) §9622(i)
and parallel provisions in 43 Code of Federal Regulations (C.F.R.) §11.32(c)
of the Natural Resource Damage Assessment regulations.
ADDRESSES: A copy of this proposed Settlement Agreement may be obtained
by contacting: Don Pitts, Trustee Program, Texas Parks and Wildlife Department,
4200 Smith School Road, Austin, Texas 78744, Phone: (512) 912-7151, e-mail:
don.pitts@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication
of this notice to Don Pitts of the Texas Parks and Wildlife Department at
the address listed in the previous paragraph. The Natural Resource Trustees
will consider all written comments received during the comment period prior
to finalizing the proposed Settlement Agreement.
SUPPLEMENTARY INFORMATION: On November 3, 2003, a barge owned and operated
by Echo Towing and carrying concentrated sulfuric acid owned by Martin capsized
at the Sterling Chemicals Terminal and began leaking concentrated sulfuric
acid into the navigable waters of the Texas City Channel ("Channel") in Texas
City Harbor in Galveston Bay, Galveston County, Texas. Information available
to the Trustees, Martin and the United States Environmental Protection Agency
("EPA") indicated that the barge was carrying approximately 235,000 gallons
of concentrated sulfuric acid.
The United States Coast Guard, EPA, TCEQ, TGLO, TPWD, National Oceanic
and Atmospheric Administration and the United States Fish and Wildlife Service
responded to the threat of a large release of sulfuric acid into the navigable
waters of the Channel. The leaking barge was righted. However, on November
5, 2003, during attempts to stabilize the barge, the barge again rolled over
on its side. During the response, the structural integrity of the barge continued
to degrade showing signs of bulging and heating. Because sulfuric acid reacts
violently with water, producing heat and hydrogen gas, the resulting potential
for explosion posed an imminent and substantial endangerment to the public
health, welfare and the environment which dictated that gradual offloading
or regulated discharge attempts be abandoned. Consequently, the remaining
sulfuric acid was released directly into the Channel.
TPWD, TCEQ, and TGLO are designated natural resource trustees under Section
107(f) of CERCLA, 42 U.S.C. §9607(f); Section 311 of the Federal Water
Pollution and Control Act (FWPCA), 33 U.S.C. §1321; and other applicable
federal or state laws, including Subpart G of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), 40 C.F.R. §§300.600
- 300.615. The Trustees are authorized to act on behalf of the public under
these authorities to assess and restore natural resources injured or lost
as a result of discharges or releases of hazardous substances into the environment.
The Natural Resource Trustees have determined that resources subject to
their trust authority under these Acts were exposed to sulfuric acid and low
pH waters as a result of the release. The quantity and concentration of the
material released was sufficient to result in the mortality of aquatic organisms.
Consequently the Trustees are seeking the restoration of coastal aquatic resources
and services lost as a result of the Incident.
Natural resources and associated services identified as lost, injured,
and/or interrupted by the Incident were determined from the results of a Type
A Assessment Model for Coastal and Marine Environments and include sub-tidal,
unvegetated soft-bottom benthic habitats, benthic organisms and demersal and
mid-water column fish and shellfish in the Channel.
The Trustees and Martin have reviewed all of the available data and restoration
scaling completed by the Trustees, and agreed to settle natural resource liability
for injuries that resulted from the incident. Martin has agreed to pay $178,000.00
to the Trustees for the construction of a restoration project or projects
in the Galveston Bay system that will provide natural resource services equivalent
to those injured or lost as a result of the Incident. The Trustees will prepare
and notice a Restoration Plan prior to the implementation of restoration actions.
For further information contact: Don Pitts at (512) 912-7151, fax: (512)
912-7160, e-mail: don.pitts@tpwd.state.tx.us.
TRD-200500415
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: January 28, 2005
Policy Advisory Stakeholder Request EAOR #11--Environmental Document Preparation
The Texas Board of Professional Engineers (Board) is given authority to
issue advisory opinions under Subchapter M, Chapter 1001 of the Occupations
Code (Texas Engineering Practice Act). The Board is required to issue an advisory
opinion about interpretations of the Texas Engineering Practice Act in regard
to a specific existing or hypothetical factual situation if requested by a
person and to respond to that request within 180 days.
Pursuant to that requirement, the Board hereby notifies potential stakeholders
that it has received an advisory opinion request regarding environmental document
preparation. More specifically, the request asks for an opinion analyzing
the engineering elements of, and the engineering supervision required for,
environmental document preparation, particularly in relation to transportation
projects. Examples of these documents include, but are not limited to, environmental
assessments, environmental impact statements, environmental information reports,
and other similar documents. Due to the nature of the request, we expect to
have input from those agencies or companies that work on transportation projects
(i.e. Texas Department of Transportation) and others that may have interest
in this topic. The Board has developed a stakeholder process to gather information
from professional engineers, and consultants and other interested parties.
The policy advisory will be written with consideration given to stakeholder
comments. This notice is intended to generate a list of possible stakeholders
and to initiate public comment. The Board plans to schedule a stakeholder
meeting near the end of February, or early in March 2005. Please let us know
of any preferences you may have concerning the scheduling of the Stakeholder
meeting. All comments and stakeholder information should be directed to:
Texas Board of Professional Engineers
1917 IH 35 South
Austin, Texas 78741
Attention: Policy Advisory Staff
Or by e-mail to: peboard@tbpe.state.tx.us
TRD-200500480
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: February 2, 2005
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on January 27, 2005,
with the Public Utility Commission of Texas, for an amendment to a certificated
service area boundary.
Docket Style and Number: Application of Southwestern Bell Telephone, L.P.,
doing business as SBC Texas, to Amend Certificate of Convenience and Necessity
to Modify the Service Area Boundaries of the Lampasas Exchange (SBC Texas)
and the Burnet Exchange (Verizon). Docket Number 30703.
The Application: SBC Texas' request will realign the service area boundaries
between its Lampasas Exchange and the Burnet Exchange of Verizon Southwest
in order for SBC Texas to provide local exchange telephone service to a customer
who is currently without local telephone service in an area for which Verizon
does not have nearby facilities.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by February 18, 2005, by mail at P.
O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 30703.
TRD-200500448
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 1, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on January 28, 2005, for a certificate
of convenience and necessity for a proposed transmission line in Brazoria
County, Texas
Docket Style and Number: Application of CenterPoint Energy Houston Electric,
LLC for a Certificate of Convenience and Necessity for a Proposed Transmission
Line within Brazoria County, Texas. Docket Number 30617.
The Application: The proposed project is designated as the 69 kV Service
to Freeport LNG's Quintana (QNTANA) Substation. CenterPoint Energy Houston
Electric, LLC (CNP) proposes to construct a new 69 kV double circuit transmission
line in southeast Brazoria County, Texas to serve a new customer, Freeport
LNG Development, L.P. This application includes facilities subject to the
Coastal Management Program and must be consistent with the Coastal Management
Program goals and policies.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The deadline for intervention in this proceeding is March 14, 2005. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 30617.
TRD-200500450
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 1, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 28, 2005, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of PNG Telecommunications, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 30704
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional
T1, long distance and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 16, 2005. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 30704.
TRD-200500447
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 1, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on January 28, 2005, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of Tel West Network Services Corporation
for a Service Provider Certificate of Operating Authority, Docket Number 30705
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDL, HDSL,
SDSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay,
Fractional T1, long distance and wireless services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by SBC Texas and Verizon SW.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
February 16, 2005. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 30705.
TRD-200500446
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 1, 2005
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on January 18, 2005, for an amendment to
certificated service area boundaries.
Docket Style and Number: Application of CenterPoint Energy Houston Electric,
LLC (CenterPoint Energy) and Entergy Gulf States, Incorporated (EGSI) for
a Certificate of Convenience and Necessity for Service Area Boundaries within
Montgomery County, Texas. Docket Number 30692.
The Application: The proposed boundary amendment will add approximately
73.7 acres to the service territory of CenterPoint Energy and approximately
88.7 acres to the service territory of EGSI, resulting in a net loss of 15
acres to CenterPoint Energy. The transfer will not affect electric service
to any existing customer because the proposed line would reflect the utility
currently serving the area. CenterPoint Energy and EGSI are the only utilities
that are affected by the proposed boundary change and both have agreed to
the proposed amendment.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than February 18, 2005, by mail at P.
O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 30692.
TRD-200500449
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 1, 2005
Notice of Request for Proposal
The Texas Department of Transportation (TxDOT) announces a Request for
Proposal (RFP) for intercity bus mobility projects funded through the Federal
Transit Administration (FTA) §5311(f) intercity bus program. It is anticipated
that multiple projects will be selected. Project selection will be administered
by the Public Transportation Division (PTN). Selected projects will be awarded
in the form of grants, with payments made for allowable reimbursable expenses
or for defined deliverables. The proposer will become a subrecipient of TxDOT.
Purpose
: The RFP invites proposals for services
to develop, promote, or support intercity bus mobility. The objectives for
these proposals are to support the connection between nonurbanized areas and
the larger regional or national system of intercity bus service, to support
services to meet the intercity travel needs of residents in nonurbanized areas,
or to support the infrastructure of the intercity bus network through planning,
marketing assistance, and capital investment in facilities. In the process
of meeting these objectives, projects are also to support and promote the
coordination of public transportation services across geographies, jurisdictions,
and program areas. Coordination between nonurbanized and urbanized areas and
between client transportation services and other types of public transportation
are particular objectives.
Eligible Projects
: Eligible types of projects
have been defined by TxDOT in accordance with FTA guidelines, other laws and
regulations, and in consultation with members of the public transportation
and the intercity bus industries. These include projects for facilities, vehicle
capital, planning, marketing, and operating assistance.
Eligible Applicants
: Proposers shall be required
to enter into a grant agreement as a subrecipient of TxDOT. Eligible subrecipients
include state agencies, local public bodies and agencies thereof, private-nonprofit
organizations, operators of public transportation services, and private for-profit
operators.
Availability of Funds
: In accordance with
the Transportation Code, Chapter 455, TxDOT currently provides funding for
intercity bus mobility projects, funded through FTA §5311(f) intercity
bus program. Upon full reauthorization of the Federal transit appropriations
bill, the total amount available is expected to be $1.3 million dollars.
Work Package
: All proposals must demonstrate
how they address intercity bus mobility needs. To aid proposers in documenting
these needs and developing proposals in response, TxDOT has prepared a work
package of intercity bus inventory data, demographics, and thematic maps.
The work package is available on the PTN website at http://www.dot.state.tx.us/ptn/geninfo.htm.
The work package represents the best available data compiled with professional
judgment. Data are derived from multiple sources, some of which are known
to be incomplete and inaccurate. Part of the reason for publishing this work
package is to provide the intercity bus industry with an opportunity to evaluate
the accuracy of this compiled data, propose projects to improve or extend
the inventories, and to note discrepancies and suggest corrections. Documentation
of needs must be based on the TxDOT work package unless an alternative source
of data can be demonstrated to be superior.
Review and Award Criteria
: Proposals will
be evaluated against a matrix of criteria and then prioritized. Subject to
available funding, TxDOT is placing no preconditions on the number or on the
types of projects to be selected for funding. During the evaluation phase
of each proposal, TxDOT reserves the right to conduct formal negotiations
pertaining to a proposer’s initial responses, specifications, and prices.
There will be a $150,000 maximum award for each project. In multiple year
projects, only the first year funding will be limited to $150,000. An approximate
balance in funding awarded to the five types of projects, or an approximate
geographic balance to selected projects, may be seen as appropriate, depending
on the proposals that are received. TxDOT may consider these additional criteria
when recommending prioritized projects to the Texas Transportation Commission.
Key Dates and Deadlines
:
March 1, 2005
Written questions for the proposal
are due at PTN.
March 15, 2005
Written responses to questions
posted on PTN web site and mailed to all firms who submitted questions.
April 4, 2005
Deadline for receipt of proposals.
May 13, 2005
Target date for TxDOT to complete
the evaluation, prioritization, and negotiation of proposals.
June 30, 2005
Presentation of project selection
recommendations to the Texas Transportation Commission for its action.
August 1, 2005
Target date for all project
grant agreements to be executed, with approved scopes of work and calendars
of work.
To Obtain a Copy of the RFP
: The RFP will
be posted on the Public Transportation Division web site at http://www.dot.state.tx.us/ptn/geninfo.htm.
Proposers with questions relating to the RFP should contact Susan Hausmann
at shausman@dot.state.tx.us, or by phone at (512) 416-2833.
TRD-200500466
Bob Jackson
Deputy General Counsel
Texas Department Of Transportation
Filed: February 2, 2005
The following Record of Decision for the Eastern Extension of the President
George Bush Turnpike (PGBT) project was signed by the Federal Highway Administration
(FHWA) on January 24, 2005. The project is being developed jointly with the
FHWA, Texas Department of Transportation and North Texas Tollway Authority.
A. Decision
Based on the Final Environmental Impact Statement (FEIS) and Final Section
4(f) Evaluation, Alternative #EIS-1 is the selected alternative for the construction
of Eastern Extension of the President George Bush Turnpike (PGBT).
The purpose and need for the Eastern Extension of the PGBT is to address
the region’s rapid growth, transportation demand, and the needs for
mobility, system linkages, economic development, and intermodal connections.
The selected alternative, Alternative #EIS-1, best meets the purpose and need
for the project. It would be most compatible with local comprehensive plans,
have greater economic benefits, have less impact on planned community facilities,
attract the largest predicted traffic volumes, impact the fewest noise receivers,
and has the support of local government and communities. The selected alternative
is a new location controlled access tollway from SH 78 to IH 30, a distance
of approximately 10 miles. Improvements include a new six-lane tollway with
a directional interchange at IH 30. In addition, there will be full access
interchanges at SH 78, Northeast Parkway, and the proposed Merritt/Liberty
Grove Connector, and partial or split diamond configuration interchanges at
Miles Road, Merritt Road, SH 66, Main Street, Miller Road, and the proposed
Entertainment District. To maintain local access and provide opportunities
for economic development, potential frontage roads would be included between
SH 78 and Northeast Parkway, Miles Road and Merritt Road, and Liberty Grove
to the proposed Entertainment District.
B. Alternatives Considered
During the Major Investment Study (MIS), a No-Build, Transportation Systems
Management/Congestion Management System Alternative, and six freeway/tollway
options were studied. Based on the MIS and input from the agencies and public,
two tollway alternatives and the No-Build Alternative were analyzed in the
FEIS. Chapter 2.0- Alternatives Analysis of the FEIS describes the alternatives
and Chapter 8.0- Preferred Alternative discusses the process used to identify
the preferred alternative.
The No-Build alternative would be to not construct Eastern Extension of
the PGBT. It would include implementation of programmed improvements, or projects
that are listed in the regional plan and have funding dedicated for their
construction. The No-Build Alternative serves as the baseline for comparison
against the reasonable build alternatives. Because this alternative does not
satisfy the purpose and need, it was eliminated from further consideration.
Alternative #EIS-1 begins at the intersection of SH 78 and Northeast Parkway
and follows Northeast Parkway for approximately 0.5 miles in a southeasterly
direction. It turns northeast to cross Old Miles Road and continues for approximately
two miles to intersect with Merritt Road. It begins to curve in a southeast
direction for approximately two miles to intersect with Liberty Grove. It
then follows Liberty Grove south to the intersection of Liberty Grove and
SH 66 and continues south on Kirby Road toward Lake Ray Hubbard. It then crosses
Lake Ray Hubbard, extending toward the southern part of the peninsula, to
intersect with IH 30 in the vicinity of Peninsula Way. The length is 9.9 miles.
Alternative #EIS-2 begins at the intersection of SH 78 and Northeast Parkway
and follows Northeast Parkway for approximately 0.5 miles in a southeasterly
direction. It turns northeast to intersect with Old Miles Road. It then extends
southeast for approximately two miles, crossing Castle Road and Hickox Road,
to intersect with Liberty Grove. It follows Liberty Grove south to the intersection
of Liberty Grove and SH 66 and continues south, along the west side of Kirby
Road toward Lake Ray Hubbard. The alignment crosses Lake Ray Hubbard, extending
toward the southern part of the peninsula, to intersect with IH 30 in the
vicinity of Zion Road. The length is 9.5 miles.
Three public meetings were held from September 2000 to March 2001 to gather
public input on the alternatives being considered. In addition to the public
meetings, project newsletters were published, project information was placed
at public libraries and websites, and numerous public presentations were made.
Also, the project’s Community Work Group met four times and Staff Work
Group met 13 times. A public hearing was held on June 24, 2003. Details of
the public and agency involvement process can be found in Chapter 6.0- Public
and Agency Involvement.
During the evaluation of the alternatives, implicit community and agency
values relative to social, economic, and environmental factors were clearly
articulated in the decision-making process. Based on these values, the following
determinations were made: 1) provide to the greatest extent possible opportunities
and access for economic development and 2) minimize visual and noise impacts
to the greatest extent possible. In response to the Draft EIS, 101 written
statements from agencies, individuals, and organizations, 32 verbal statements,
12 resolutions, and two petitions were received. The majority of comments
were related to the choice of an alignment. Of the comments received related
to the alignment, 70 supported Alternative #EIS-1, four supported Alternative
#EIS-2, six supported the project but no specific alternative, and two preferred
the No-Build Alternative.
Because mitigation strategies and the net results would be the same, the
differences between the two alternatives are small and are generally a function
of the length of the alternatives. Alternative #EIS-1 would be most compatible
with local comprehensive plans, have greater economic benefits, have less
impact on planned community facilities, attract the largest predicted traffic
volumes, impact the fewest noise receivers, and has the support of local government
and communities. Most of the other environmental impacts for the two alternatives
are comparable, although Alternative #EIS-1 is longer and therefore would
require more land, and impact more floodplain and waters of the U.S. It would
also displace more residents in the area, especially apartment tenants. Alternative
#EIS-2 is the environmentally preferred alternative because it would impact
less land, wetlands, biological resources, and would displace few residences.
However, as stated in Section A., Alternative #EIS-1 was identified as best
meeting the purpose and need for the project.
Based on the information contained in the DEIS, public and agency comments,
and resolutions of support from local governments, the FEIS identified Alternative
#EIS-1 as the preferred alternative for the Eastern Extension of the PGBT.
Alternative #EIS-1 would have a direct impact on the Coyle House Farmstead,
a property eligible for the National Register of Historic Places (NRHP). A
mitigation plan has been executed to preserve the Coyle House Farmstead offsite
(please see Section C). Although Alternative #EIS-2 avoids a direct taking
of the Coyle House Farmstead, there are unique problems involved in the use
of that alternative. Alternative #EIS-2 would foster new development pressure,
indirectly eroding the integrity of the setting from which the Coyle House
derives much of its local significance and ultimately resulting in the re-development
of the farmstead.
The design concept and scope of the proposed action is consistent with
the area’s financially constrained Metropolitan Transportation Plan,
known as
Mobility 2025- 2004 Update and the fiscal year
2004-2006 Transportation Improvement Program
found to conform to the Clean Air Act Amendments of 1990 by
the U.S. Department of Transportation (DOT) on April 8, 2004. Additionally,
the project comes from an operational Congestion Management System that meets
all requirements of 23 Code of Federal Regulations- Highways, Parts 450 and
500.
C. Section 4(f) Evaluation
The Section 4(f) evaluation is included in Chapter 5- Section 4(f) Evaluation
of the FEIS. As discussed in Section B., Alternative #EIS-1 would have a direct
impact on the Coyle House Farmstead. A Section 4(f) Statement was prepared
and concluded there are no feasible and prudent alternatives to the use of
land from the Coyle House Farmstead. Other alignment alternatives were investigated
and found to have social, economic, and environmental impacts that reach extraordinary
magnitudes. An alignment farther to west is severely constrained by the presence
of Herfurth Park [a Section 4(f) and 6(f) resource], the Rowlett Central Business
District, and dense residential and commercial areas; an alignment farther
to the east would encounter major land use and environmental constraints,
as well as Section 4(f) lands in Pecan Grove Park and Elgin B. Robertson Park.
Therefore, there are no feasible and prudent alternatives to the use of the
Coyle House Farmstead.
Alternative #EIS-1 includes all possible planning to minimize harm to the
Coyle House Farmstead. The Federal Highway Administration (FHWA), Texas Department
of Transportation (TxDOT), the State Historic Preservation Officer (SHPO),
North Texas Tollway Authority (NTTA), and the City of Rowlett have executed
a Mitigation Agreement that mitigates the adverse effects to the Coyle property
resulting from the proposed undertaking by removing it from its present location
to a new site in Pecan Grove Park. This Mitigation Agreement is included in
Appendix G of the FEIS. Alternative #EIS-1 is a feasible and prudent alternative
with the least harm on the Coyle House Farmstead after considering mitigation.
Based upon these considerations, there are no feasible and prudent alternatives
to the use of land from the Coyle House Farmstead. The proposed action includes
all possible planning to minimize harm to the Coyle House Farmstead that would
result from such use. The Final Section 4(f) Evaluation was approved in conjunction
with the FEIS that was approved on October 25, 2004.
D. Measures to Minimize Harm
Design and construction of Eastern Extension of the PGBT will include all
practicable measures to minimize harm to the environment. The following are
measures to minimize harm and are contained in Chapter 8.0- Preferred Alternative
of the FEIS.
Noise barriers were determined to be both feasible and reasonable in four
residential locations for Alternative #EIS-1. Any subsequent project design
changes may require a reevaluation of this proposal. The final decision to
construct the proposed noise barriers will be made upon completion of the
project design and the public involvement process.
Project engineers will ensure that Federal Emergency Management Agency
(FEMA) and local floodplain regulations are followed through the design and
construction phases of the project. NTTA will cooperate with local floodplain
administrators and local approvals will be obtained to ensure that no flood
issues are created by the proposed project. Additionally, all necessary permits
will be obtained prior to placement of fill/structures or excavation within
floodplain areas. During final design, a detailed hydraulic analysis will
be performed. Project engineers will submit the hydraulic data to FEMA for
its review and acceptance.
It is estimated that Alternative #EIS-1 would impact 27 separate waters
of the U.S. for a total of over 50 acres. Many of these impacts will be temporary,
which means after construction the areas would be returned to pre-construction
contours and re-vegetated. However, many of the impacts to waters of the U.S.
would be permanent. All impacts to waters of the U.S. would be permitted through
the US Army Corps of Engineers (USACE), which may require mitigation for some
or all of the impacts. Mitigation for these impacts is typically at a 1:1
ratio if there is land available on-site and in-kind. The specific acreage,
location, and type of waters of the US. mitigation will be developed during
the Section 404 permitting process with the USACE. Coordination with the USACE
has been initiated and will be completed when the specific type and amount
of impacts to waters of the U.S. are known. The larger stream crossings will
be spanned, both for floodplain hydraulics and to reduce impacts to waters
of the U.S.
Two areas have been identified for on-site, in-kind mitigation. The final
mitigation plan may utilize one of these two areas or a combination of the
two areas. At the proposed site near Muddy Creek, mitigation would likely
consist of restoration and enhancement of the streams and ponds, widening
of the existing wooded areas along the riparian corridors, and enhancement
of the adjacent upland areas with native vegetation plantings. At the proposed
site near the IH 30 interchange, mitigation would involve the restoration
and future preservation of an existing concrete-lined stream channel, which
would be returned to a more natural state through removal of the concrete,
channel modifications, adjacent grading, and planting of native vegetation.
Prior to initiation of final design, NTTA will have further discussions
with Dallas Water Utilities on obtaining a construction easement across Lake
Ray Hubbard, water quality, and lake safety. Additionally, further discussions
will be conducted with Dallas Area Rapid Transit (DART) to resolve the policy
issues of at-grade crossings of the DART-owned Union Pacific Railroad.
All filling and grading activities would comply with the Texas Pollution
Discharge Elimination System General Permit Number TXR150000, under provisions
of Section 402 of the Clean Water Act (CWA) and Chapter 26 of the Texas Water
Code. Best Management Practices (BMPs) would be used to control sediments
and suspended solids in stormwater discharges from roadway projects and right-of-ways.
Existing vegetation will be preserved wherever possible. Both temporary and
permanent erosion and sedimentation control measures would be used. Disturbed
areas would be restored and stabilized as required by the permit. An environmental
soil and groundwater management plan will be developed during the design stage
and included in the construction plans.
The project would comply with Section 401 water quality certification as
required by the Texas Commission on Environmental Quality (TCEQ). A Tier II
individual review would be required. The design and construction would include
construction and post-construction BMPs to manage stormwater runoff and control
sediments. Additionally, the project traverses Lake Ray Hubbard, which is
within five miles upstream of a threatened or impaired water segment. Therefore,
the project would be coordinated with TCEQ in accordance with a TxDOT-TCEQ
Memorandum of Understanding for threatened or impaired stream segments designated
under Section 303 (d) of the CWA.
Mitigation of impacts to waters of the U.S. along Alternative #EIS-1 will
be addressed during the Section 404 permitting process. Accordingly, a great
deal of the impacted wooded areas, which comprise a total of 53 acres, will
also be mitigated through the Section 404 process. However, those wooded areas
that are not mitigated through the Section 404 permit process will be mitigated
consistent with NTTA and TxDOT policy, which typically calls for replacement
at a 1:1 ratio. There will be room to replant over 100 acres of upland trees
and shrubs within the project right-of-way near the proposed mainlane toll
plaza and at the IH 30 interchange. These areas should afford adequate mitigation
for those wooded areas that are not mitigated through the Section 404 process.
Trees and shrubs to be planted will likely consist of bare-root seedlings,
except where larger trees are desired for non-ecological reasons.
Coordination with USFWS and TPWD will continue to ensure that adequate
measures are adopted to reduce or eliminate the potential for effects to listed
species. While clearing from March through August cannot be excluded in entirety
from potential construction schedules, any areas to be cleared between March
and August would be surveyed by qualified biologists for signs of nesting
activity in an effort to reduce the possibility of impacts to species covered
under the Migratory Bird Treaty Act.
As previously mentioned, the Coyle House and its outbuildings will be relocated.
A Mitigation Agreement has been executed to mitigate the adverse effects resulting
from the proposed undertaking. Documentation in the form of photographs, written
data, and a site plan will be prepared. The house will be properly moved to
a publicly accessible site within Pecan Grove Park.
Archeological resources with potential for listing in the NRHP would be
affected. As yet, no formal eligibility determinations have been made for
these sites. Some of the archeological sites identified in the original reconnaissance
were recommended for further investigation at a future date. TxDOT made a
commitment with Texas Historical Commission (THC) to complete all archeological
responsibilities required under Section 106 of the National Historic Preservation
Act when access to the properties in the right-of-way is acquired. TxDOT has
made a commitment with the THC to complete all archeological responsibilities
under Section 106, when full access to the right-of-way is acquired.
The results of the database searches, historical aerial photograph review,
and field survey of hazardous materials indicated there are two regulated
material sites that could be impacted by right-of-way acquisition and/or construction
of the project. However, given the level of detail of existing maps of the
sites, it is not possible to discern which, if any, sites will be directly
impacted at this time. These sites consist of landfills associated with municipal
disposition of waste and leaking petroleum storage tanks associated with small
petroleum fuel and oil facilities. The location(s) and type(s) of possible
contamination connected with the landfills is unknown. As part of the right-of-way
acquisition process, further testing will be conducted through a Phase II
site assessment and if required, appropriate mitigation/monitoring and waste
relocation plans will be implemented.
The visual analysis indicated that the project would introduce new visual
elements within suburban and rural settings but the alignment has been depressed
in several areas to help minimize visual impacts. All lighting sources would
be indirect, diffused, or covered by shielded fixtures, and would be installed
to reduce glare and the consequent interference with boundary streets and
adjacent properties. However, visual impacts could occur at four areas- three
residential areas and recreational users on Lake Ray Hubbard. Screening vegetation
is proposed at the three residential areas. This mitigation could be part
of the Section 404 mitigation for wooded areas. Because the proposed tollway
would be on a bridge over Lake Ray Hubbard, visual screening is not possible;
however, the design of the bridge as well as the landscaping would conform
to NTTA’s current
System-Wide Design Guidelines,
or as amended
. Final mitigation treatments for visual impacts will
be developed during final design through discussions with affected cities.
E. Monitoring or Enforcement
All commitments and conditions of approval stated in the FEIS (Chapter
8.0- Preferred Alternative) will be monitored by the NTTA, TxDOT, and other
appropriate State, Federal, and local agencies to ensure compliance.
F. Comments on the FEIS
Comments from 11 individuals were received on the FEIS during the comment
period. The comments were related to noise, visual impacts, specific property
impacts, property value, access, secondary and cumulative effects, and agency
review. Responses to comments are provided in Appendix A.
G. Conclusion
Based on the analysis and evaluation contained in the project’s FEIS
and Final Section 4(f) Evaluation and after careful consideration of all the
social, economic, and environmental factors and input from the public involvement
process, it is my decision to adopt Alternative #EIS-1 as the proposed action
for the project.
Signed on January 24, 2005 by Salvador Deocampo, P.E., District Engineer,
Texas Division, Federal Highway Administration
Appendix A : Table, Comments, and Response to Comments
TRD-200500421
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: January 31, 2005
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
City of Alpine, 100 North 13th Street, Alpine, Texas, 79830, received December
29, 2004, application for financial assistance in the amount of $4,860,000
from the Drinking Water State Revolving Fund-Disadvantaged Community Program.
City of Alvord, P. O. Box 63, Alvord, Texas, 76225-0063, received December
17, 2004, application for financial assistance in the amount of $360,000 from
the Drinking Water State Revolving Fund.
City of Aransas Pass, 600 West Cleveland, P.O. Box 2000, Aransas Pass,
Texas, 78335-2000, received January 21, 2005, application for financial assistance
in the amount of $1,115,000 from the Clean Water State Revolving Fund.
City of Clarksville, P.O. Box 1209, Gladewater, Texas, 75647-1209, received
September 21, 2004, application for financial assistance in the amount of
$1,530,000 from the Texas Water Development Funds.
City of Bovina, 205 North Street, Bovina, Texas, 79009, received November
16, 2004, application for financial assistance in the amount of $1,750,000
from the Texas Water Development Funds.
Lumberton Municipal Utility District, P. O. Box 8065, 55 West Chance, Lumberton,
Texas, 77657, received December 31, 2004, application for financial assistance
in the amount of $8,765,000 from the Clean Water State Revolving Fund.
City of Manvel, P.O. Box 187, 6615 FM 1128, Manvel, Texas, 77578, received
February 17, 2004, application for financial assistance in the amount of $2,000,000
from the Texas Water Development Funds.
Lower Colorado River Authority, P.O. Box 220 Austin, Texas, 78767-0220,
received November 18, 2004, application for financial assistance in an amount
not to exceed $30,000 from the Research and Planning Fund.
Colorado River Municipal Water District, 400 East 24th Street, Big Spring,
Texas, 79721-0869, received November 18, 2004, application for financial assistance
in an amount not to exceed $150,000 from the Research and Planning Fund.
City of Fort Worth, P.O. Box 870, Fort Worth, Texas, 76101-0870, received
November 18, 2004, application for financial assistance in an amount not to
exceed $213,611 from the Research and Planning Fund.
Chisholm Trail Special Utility District, P.O. Box 249, Florence, Texas,
76527, received November 18, 2004, application for financial assistance in
an amount not to exceed $62,000 from the Research and Planning Fund.
TRD-200500484
Jonathan Steinberg
Deputy Counsel
Texas Water Development Board
Filed: February 2, 2005
Department of Assistive and Rehabilitative Services
Texas Building and Procurement Commission
Request for Proposal
Coastal Coordination Council
Office of Consumer Credit Commissioner
Office of Court Administration
Texas Council for Developmental Disabilities
Texas Education Agency
Request for Grade 3 Early Reading Diagnostic Instruments for
Request for Reading Assessments for Progress Monitoring in Kindergarten, Grade 1, Grade 2, and Grade 3 for the 2005 - 2006 School Year
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
General Land Office
Texas Health and Human Services Commission
Notice of Intent to Amend Consulting Contract
Department of State Health Services
Notice of Agreed Order with Central Testing Company, Inc.
Notice of Default Order Against Weslaco Radiology Center, Inc.
Texas Parks and Wildlife Department
Texas Board of Professional Engineers
Public Utility Commission of Texas
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Brazoria County, Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries
Texas Department of Transportation
Record of Decision--Eastern Extension of the President George Bush Turnpike (PGBT)
Texas Water Development Board
Texas Workers' Compensation Commission