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June 22, 2012 - City of Peñitas Application No. 37303-C

Application No. 37303-C

Notice for Publication

The City of Penitas has filed an application to amend CCN No. 20794 and to decertify a portion of Agua Special Utility District with the Texas Commission on Environmental Quality to provide sewer utility service in Hidalgo County.

The proposed utility service area is located approximately 7 miles north of downtown Penitas, Texas, and is generally bounded on the north by approximately ½ mile north of 7 Mile Rd.; on the east by Showers Rd.; on the south by the Rio Grande River; and on the west by FM 2221.

The total area being requested includes approximately 5,988 acres and 0 current customers.

The proposed amendment affects customers and/or areas located in the following zip code: 78576.

A copy of the proposed service area map is available at: City of Penitas, City Hall, P.O. Box 204, Penitas, Texas 78576 or 1 mile south of intersection of US Hwy. 83 and FM 1427 or by calling 956/581-3345.

A request for a public hearing must be in writing. You must state (1) your name, mailing address, and daytime telephone number; (2) the applicant's name, application number or another recognizable reference to this application; (3) the statement, "I/we request a public hearing"; (4) a brief description of how you or the persons you represent, would be adversely affected by the granting of the application for a CCN; and (5) your proposed adjustment to the application or CCN which would satisfy your concerns and cause you to withdraw your request for a hearing.

Persons who wish to intervene or comment should write the:

Texas Commission on Environmental Quality

Water Supply Division

Utilities and Districts Section, MC-153

P. O. Box 13087

Austin, TX 78711-3087

within thirty (30) days from the date of this publication or notice. A public hearing will be held only if a legally sufficient hearing request is received or if the Commission on its own motion requests a hearing. Only those individuals who submit a written hearing request or a written request to be notified if a hearing is set will receive notice if a hearing is scheduled.

If a public hearing is requested, the Executive Director will not issue the CCN and will forward the application to the State Office of Administrative Hearings (SOAH) for a hearing. If no settlement is reached and an evidentiary hearing is held, the SOAH will submit a recommendation to the Commission for final decision. If an evidentiary hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

If you are a landowner with a tract of land at least 25 acres or more, that is partially or wholly located within the proposed area, you may request to be excluded from the proposed area (or `opt out") by providing written notice to the Commission within (30) days from the date that notice was provided by the applicant. All request to opt out of the requested service area must include a scaled, general location map and a metes and bounds description of the tract of land.

Persons who meet the requirements to opt out., and wish to request this option should file the 'required documents with the:

Texas Commission on Environmental Quality

Water Supply Division

Utilities and Districts Section, MC-153

P. 0, Box 13087

Austin, TX 78711-3087

A copy of the request to opt out of the proposed area must also be sent to the applicant. Staff may request additional information regarding your request.

Si desea informacion en Espanol, puede Ilamar al 1-512-239-0200.

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