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Legal Notice

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Published in The Ellis County Press one time on Thursday, June 4, 2009




APPLICATION TXI Operations, LP, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 51841L013, which would authorize construction of a Concrete Batch Plant located at 2221 Belt Line Road, Wilmer, Dallas County, Texas 75172.The proposed facility will emit the following air contaminants:particulate matter including (but not limited to) aggregate, cement, road dust and particulate matter less than 10 microns in diameter.

This application was submitted to the TCEQ on May 8, 2009.The application will be available for viewing and copying at the TCEQ central office, the TCEQ Fort Worth regional office, and the Wilmer Public Library, 205 Belt Line Road, Wilmer, Dallas County, Texas, beginning the first day of publication of this notice.The facility’s compliance file, if any exists, is available for public review in the Fort Worth regional office of the TCEQ.

The TCEQ executive director has determined the application is administratively complete and will conduct a technical review of the application.

PUBLIC COMMENT/PUBLIC MEETINGYou may submit public comments, a request for a public meeting, or request a contested case hearing to the Office of the Chief Clerk at the address below.The TCEQ will consider all public comments in developing a final decision on the application.The deadline to submit public comments is 15 days after newspaper notice is published.

The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the application.A public meeting about the application will be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator.A public meeting is not a contested case hearing.

If only comments are received on the application, the response to comments, along with notice of the executive director’s action on the application, will be mailed to everyone who submitted comments or is on the mailing list for this application.

If a hearing request is timely filed, the executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of the Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application.That notice will contain the final deadline for submitting public comments.

After the final deadline for public comments following any required Notice of Application and Preliminary Decision, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments.If any comments are received, the response to comments, along with the executive director’s decision on the application, will then be mailed to everyone who submitted public comments or who is on a mailing list for this application.

OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing.A contested case hearing is a legal proceeding similar to a civil trial in state district court.Unless a written request for a contested case hearing is filed within 15 days from this notice, the executive director may approve the application.If no hearing request is received within this 15-day period, no further opportunity for hearing will be provided.A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission’s decision on the application.Further, the Commission will only grant a hearing on those issues raised during the public comment period and not withdrawn.

A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing.To request a hearing, a person must actually reside in a permanent residence within 440 yards of the proposed plant.If requesting 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 Registration Number; (3) the statement “[I/we] request a contested case hearing;” (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; and (6) a description of how you use the property which may be impacted by the facility.If the request is made by a group or association, the one or more members who have standing to request a hearing, and the interests which the group or association seek to protect, must also be identified.Requests for a contested case hearing must be submitted in writing within 15 days following this notice to the Office of the Chief Clerk, at the address below.

If a hearing request is timely filed, additional notice will be provided.Following the close of all applicable comment and request periods, the executive director will forward the application and any requests for contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact relating to relevant and material air quality concerns raised during the comment period.Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’s jurisdiction to address in this proceeding.

MAILING LISTIn addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices for this specific application mailed by the Office of the Chief Clerk by sending a written request to the TCEQ Office of the Chief Clerk at the address below.

INFORMATION Written public comments or requests for a public meeting or contested case hearing should be submitted to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www.tceq.state .tx.us/about/comments.html.For more information about this permit application or the permitting process, please call the Office of Public Assistance, Toll Free, at 1-800-687-4040.Si desea información en Español, puede llamar al 1-800-687-4040.General information regarding the TCEQ can be found at www.tceq.state.tx.us.

Further information may also be obtained from TXI Operations, LP, 1341 West Mockingbird Lane, Dallas, Texas 75247-6913 or by calling Ms. Jennifer Adams, Environmental Scientist at (972) 647-3879.

Notice Issuance Date:May 18, 2009

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