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TEXAS COMMISSION ON ENVIRONMEN...

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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOTICE OF AN APPLICATION FOR A WATER USE PERMIT APPLICATION NO. 13436 Quail Valley Devco I, LLC has applied for a Water Use Permit to authorize the maintenance of two dams and reservoirs on an unnamed tributary of Patterson Branch and Patterson Branch, Trinity River Basin and to authorize the use of the bed and banks of the reservoirs and an unnamed tributary of Patterson Branch to convey groundwater for subsequent diversion and use for agriculture purposes to irrigate land in Parker County. More information on the application and how to participate in the permitting process is given below. APPLICATION. Quail Valley Devco I, LLC, 8401 North Central Expressway Suite 35, Dallas, TX 75252, Applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to Texas Water Code (TWC) §§ 11.042 and 11.121 and TCEQ Rules Title 30 Texas Administrative Code (TAC) §§ 295.1, et seq. Notice is being published and mailed to the water rights holders of record in the Trinity River Basin pursuant to Title 30 TAC § 295.151, and is being mailed to the Upper Trinity Groundwater Conservation District pursuant to TWC § 11.132 (c). Quail Valley Devco I, LLC, (Applicant) seeks authorization to maintain a reservoir (Upper Lake) on an unnamed tributary of Patterson Branch, Trinity River Basin impounding 14.72 acre-feet of water and a reservoir (Lower Lake) on Patterson Branch, Trinity River Basin, impounding 69.22 acre-feet of water for recreational purposes in Parker County. Applicant further seeks authorization to use the bed and banks of the reservoirs and the unnamed tributary of Patterson Branch to convey 129 acre-feet of groundwater per year for storage in the reservoirs and subsequent diversion and use at a maximum diversion rate of 0.1 cfs (45.6 gpm) from a point on the downstream reservoir for agricultural purposes to irrigate 31 acres of land out of a 268.47-acre tract in Parker County. The two reservoirs are located as follows: 1. Upper Lake, located on an unnamed tributary of Patterson Branch, Trinity River Basin and having a point on the centerline of the dam located at Latitude 32.731250º N and Longitude 97.575000º W in Parker County, in Zip Code 76087. 2. Lower Lake, located on Patterson Branch, Trinity River Basin and having a point on the centerline of the dame located at Latitude 32.731616º N and Longitude 97.571879º W in Parker County, in Zip Code 76087 Ownership of the land to be inundated is evidenced by a Special Warranty Deed recorded as Document No. 201607571 in the official public records of Parker County. Applicant has proposed groundwater from the Trinity Aquifer as an alternate source to maintain the reservoirs. The proposed discharge point is located at Latitude 32.730493º N and Longitude 97.577239º W in Parker County, in Zip Code 76087. The proposed diversion point is located at Latitude 32.731616º N, Longitude 97.571879º W in Parker County, in Zip Code 76087. The Applicant indicates that groundwater will be discharged at a rate of 0.18 cfs (80.0 gpm) and diverted at a rate of 0.10 cfs (45.6 gpm). The application and fees were received on October 27, 2017. Additional information was received May 3, June 6, and June 7, 2018. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on June 13, 2018. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, requiring the maintenance of the alternate source of water. The application, technical memoranda, and Executive Director’s draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park Circle, Bldg. F., Austin, TX 78753. PUBLIC COMMENT/PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. CONTESTED CASE HEARING. 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. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this 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) applicant’s name and permit number; (3) the statement “[I/we] request a contested case hearing;” (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting, INFORMATION. Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at http://www.tceq.texas.gov/about/comments.html by entering WRPERM 13436 in the search field. 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 Public Education Program at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en Español, puede llamar al 1-800-687-4040 o por el internet al http://www.tceq.texas.gov. Issued: October 19, 2018

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