ORDER NO. 30261 APPEAL BY J. NELSON HAPPY TO PERMIT FOR MARTIN MARRIETTA MATERIALS SOUTHWEST, LTD. Came to be heard this the 14th day of May, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Move that the Kerr County Floodplain Development Permit #F07-002 to Martin Marietta Materials Southwest, Limited, as referenced in Mr. Happy's appeal, be suspended until the County Attorney has had an opportunity to review everything and all other agencies who have any overview have submitted their findings, in writing, back to this Court, to meet all requirements of our Court Order that was passed in 2000. /, ~ 30al,/ °' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Commissioner Williams OFFICE: Precinct 2 MEETING DATE: May 14, 2007 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action on Appeal by J. Nelson Happy of issuance of Kerr County Floodplain Development Permit No. F07-002 to Martin Marrietta Materials Southwest, LTD EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams, J. Nelson Happy. ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes towazd your request being addressed at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court. J. Nelson Happy PO Box 464 Center Point, Texas 78010 Cell: 830 285 2626 Home: 830 257 7675 April 23, 2007 Kerr County Commissioner's Court Kerr County Court House 700 E. Main St. Kerrville, Texas 78028 Re: Appeal of Kerr County Fluodplain Development Permit Nu. F07-002 Gentlemen: On February 15, 2007 the Kerr County Floodplain Administrator issued the captioned permit (attached) to Martin Mazietta Materials Southwest, LTD. I hereby appeal the issuance of the permit pursuant to Sections D (2) and (3) of the Ken County Flood °- Damage Prevention Order, Order No. 26463, approved by this Court on June 26, 2000. I became aware of Martin Marietta's intention to do construction in the floodplain yesterday, Sunday Apri122, 2007, when its employees were conducting excavation anc hauling activities next to our property. I have previously "pre-appealed" from the granting of this permit because of errors in the requirements, decisions and determinations made by the Floodplain Administrator in granting this permit as set out in my letter to Commissioner Bill Williams dated November 3, 2006, (attached). Based on this appeal, I would appreciate it if you would order the Floodplain Administrator to revoke Permit No. F07-002 until this Court has had an opportunity to make an independent determination of whether a Floodplain Development Permit should be granted to Martin Marietta Materials, Southwest, LTD. Also, I would respectfully request an opportunity to be heard concerning Martin Marie Sa Materials expressed intention of "correcting" the FIRM map to redefine the flood plain in such as way as to permit future mining activities "for areas described as 100-year floodplain in the current FIRM map." See, correspondence from Ryan K. DeBarros of Martin Marietta Materials to Leonard Odem dated December 21, 2006, attached. I believe that Kerr County should be overseeing the process of any proposed revision of °"' the current FIRM map, as private corporate interests do not protect the public interest i_i describing floodplain boundaries. :,;'? z t 200 ~~wl.~Q Finally, I would also respectfully request that the Court direct the Floodplain Administrator to determine if Martin Mazietta Materials and Wheatcraft Materials are currently carrying on mining activates within the designated floodplain and if so, if theae activities are properly permitted by Kerr County. Very truly yours, J. Nelson Happy cc: Leonard Odem, Fluodplain Administrator ATTACHMENTS 1. Letter dated Nov. 3, 2006 from J. Nelson Happy to Kerr County Commissioner Bill Williams, citing reasons to deny a permit to Martin Marietta to alter the flood plain, and including an appeal to the Kerr County Commissioner's Court should such a permit be given. 2. Letter dated December 21, 2006 from Martin Marietta Materials to Leonard Odem, Ken County Flood Plain Administrator, requesting a "floodplain development permit for a commercial project, stating that "submittals to the National Flood Insurance Program (NFIP) are pending in order to correct the FIRM map representations." 3. Kerr County Floodplain Development Permit No. FOS-022, dated 11/28!05, for "GRAVEL MINING NOT IN STREAM CHANNEL, NO BANK MODIFICATION", which expired on 11/28/2006. 4. Kerr County Floodplain Development Permit No. F07-002, dated February I5, 2007, allowing construction of an access road on the flood plain and other stipulations which cleazly are in preparation for mining activity, the granting of such a permit clearly being in error in fact and law. J. Nelson Happy PO Box 464 Center Point, Texas 78010 830-257-7675 Cell 830-285-2626 November 3, 2006 Commissioner Bill Williams Kerr County Court House 700 E. Main St. Kerrville, Texas 78028 Re: Proposed Martin Marietta Floodplain Permit Dear Bill: On November 28, 2005 the Kerr County Floodplain Administrator issued a "Kerr County Floodplain Development Permit" No. F05-022 to Martin Marietta Materials S W Ltd. for a period of one (I) year. By its terms, it will expire on November 27, 2006. On March 3, 2006 Martin Marietta Materials Southwest I,td. (Martin Marietta) sought an amendment of this permit, seeking permission to allow for exploration of a portion of property it is leasing north of River Road. My wife, Mary Matthews Happy, and I own the 100-acre H. M. Naylor Ranch. Our ranch adjoins the properhr that Martin Marietta seeks to first explore and then mine. (Maps, Attachments I(a) and (b).) In addition to sharing the property line at our ranch's northeast corner, the proposed mine would be located in a northeasterly direction very close to our home. For most of the year, strong prevailing winds from the northeast sweep up to our property, thus worsening the effects on the ranch house from noise and dust which would be generated by the mining activity. According to Martin Manetta's application, "[i] t is anticipated that Martin Marietta Materials may move is mining operations north of River Road in approximately 5 to 10 years" thus placing the entire sand and gravel processing activity very near our ranch house. My review of the file at the office of the Kerr County Floodplain Administrator leads me to believe that Martin Marietta's request for a permit amendment has not been acted upon. However, on August 14, 2006 representatives of Martin Marietta made a presentation at the Kerr Cowtty Commissioners Cows. During that presentation, the presenters testified that Martin Marietta intends to mine this leased property in such a .- way that it will obliterate "a creek that exists on the property.' (Minutes of August 14, '006 Sessiat, pg, 31, lines 19-22. Attachment 2.) According to Attachment 2 to their permit amendment request, this creek is identified as "Nowlin Creek." (Attachment 3). -- Nowlin Creek is a ma}or source of water for our ranch and has been rutming through the land since time immemorial The wetland on our property is fed by Nowlin Creek and has been known as Nowlin Hollow since the settlement of Kerr County. Nowlin Creek and Nowlin Hollow are named for Dr. James Crispin Nowlin who came to Kerr County in 1856, the year of its organization. He had an extensive medical practice in this frontier community, and in 1870 he was appointed surgeon to a company of Texas Rangers commanded by Capt. John W. Samson and stationed at Camp Verde. In 1872 and 1873 Dr. Nowlin commanded a company of minutemen. His house was moved to Kerrville in the 20`h century, but was probably originally located on the proposed mine's site. Prior to his death in Center Point in 1898, he donated the land on with the Center Point public schools are located and also the land on which the Christian church stands. The entire 100 acres of the H. M. Naylor Ranch has been determined to be eligible for inclusion in the National Register of Historic Places by the Texas State Historic Preservation Officer. (Letter, Auacluneni 4). Therefore, as FEMA s designee to grant floodplain development permits, pursuant to Public Law 89-665, National Historic Preservation Act of 1966 (tb USC 470, et seq.) Sec. 106, Kerr County must obtain Cultural and Historical Resource Approval from the Texas State Historical Preservation Officer prior to granting a Floodplain Development Permit to Martin Marietta for the property adjoining the H. M. Naylor Ranch. Furthermore, on June 26, 2000 the Kerr County Conunissioner's Court approved a Flood Damage Prevention Order, Order No. 26463. In the Order, the Kerr County Judge or his/her assign is appointed the Floodplain Administrator to implement the provisions of the order "and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management." (Order, Art. 4, Sec. A (2).) Section B (4) of the Order requires the Floodplain Administrator to: "Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies ... from which prior approval is required." Section C (2) of the Order provides: "Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this order and the following relevant factors:... (d) The compatibility of the proposed use with existing and atrticipated development; ... (j) The relationship of the proposed use to the comprehensive plan for that area." Based on these provisions of the Order, instead of granting any uew Floodplain Development Permit to Martin Marietta concerning their leased property adjoining the H. M. Naylor Ranch, the County must: 1. obtain Cultural and Historical Resource Approval from the State of Texas. _. Comply with Federal Executive Order 11990. Protection of Wetlands, because '"' Martin Marietta plans to obliterate portions of Nowlin Creek. 3. Deny the permit, as mining is incompatible with "existing and anticipated development" including development of Louis Sc}viener Field and thc: Airport Commerce Park (Attachments 5 and 6), and Kerr County's need for (and to build a road through the proposed mine as mentioned at the August 14, 2006 session. (Minutes, pgs. 34-40.) 4. Deny the permit because the proposed mining activity is incompatible with the City of Kemille's Comprehensive Plan, as the proposed mine is located in the City's Extra Territorial Jurisdiction. Section D (2) of the Order states: ''The Kerr County Commissioner's Gourt shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in [he enforcement or administration of this order.'' Because the Order does not specifically provide for public notice ~f the granting of a Floodplain Development Fermit, and because I might not be notified of such an action, if the Floodplain Administrator should grant such a permit to Martin Marietta, I hereby appeal such action pursuant to Sec. D (2) of the Order because the issuance of a permit will be in error in fact and law for the reasons set out herein. 1 also request that this appeal be placed on the agenda of the Kerr County Commissioner's Court at the earliest practicable time if the Floodplain Administrator grants the proposed permit. Very'` truly yours, i A ~. Ne~son Happy Attachments cc: Paul Hoffmann, City Manager, City of Kerrville Rex Emerson, Esq. Kerr County Attorney Leonard Odom. Kerr Courati~ Floodplain Administrator U.S. Army Corps of Engineers Enforcement Section. Ft. Worth Patrick L. Hughes, Esq., Haynes & Boone, Houston Martin Marietta Materials San Antonio District 5710 W. Hausman Rd, Suite 121 San Antonio, Texas 78249 Telephone (210)208-4400 Watts (800) 683-2500 December 21, 2006 Mr. Leonard Odem Kerr County Road and Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Subject: BEDROCK 104 ACRE TRACT - I-IAUL ROAD DEVELOPMENT PERMIT Martin Marietta Materials Southwest, Ltd. -Bedrock Quarry Kerr County Appraisal District Identification Number: R 60261 Near 5529 Highway 27, Center Point, Kerr County, Texas 78010 Deaz Mr. Odem: On behalf of Martin Marietta Materials Southwest, Ltd., (NItvIl1~ I am submitting the attached floodplain development permit for a commercial project. The $400 application fee is also included in this submittal. This cover letter serves to describe the proposed project. MMM proposes to construct a haul toad across Zone A (no base flood elevations determined) of the 100-year flood plain at the above referenced properly. The Flood Insurance Rate Map (FIRM} referenced is Map Number 4826500275 E, effective date July 19, 2000. The haul road will be constructed as shown on the attached figure. The proposed haul road will cross a drainage ditch located on the eastern fence tine of the property. United States Army Corps of Engineers (USAGE) Nation Wide Permits allow this crossing without notification based on the minimal amount of impact (less than i/10 of an acre) to the drainage ditch. Therefore, no pre-construction correspondence witlt the USAGE is required. The banks of the ditch in the area of the haul road wilt be graded to a safe slope for the mobile equipment. This proposed project specifically excludes mining and placement of fill (other than for the haul road) in the 100-year flood plain. Future mining activities are planned for areas described as !00-year floodptain in the current FIRM map. Submittals to the National Flood Insurance Program (NFIP) are pending in order to correct the FIRM map representations. '~. l ~:!^~':~'"(:?t+;;)rf',~i~S~j;!e~i ~. °~' "a''S''';Jy`t.`•a :.:L ""'^"•.ww..,. " .73 'S1..~ }.a,.,~'..'~::. " Ta(=~. ': Ct t?i:?5,';::iH... 3!.%rq,~.r ,~..~~ Y.t ~, .. y; ~ fati~(tj... :.ty ~ trrk'? 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Texas 78028 Subject: BEDROCK 104 ACRE TRACT -HAUL ROAD DEVELOPMENT PERMIT Martin Marietta Materials Southwest, Ltd. -Bedrock QuazTY Kerr County Appraisal District Identification Number: R 60261 Near 5529 Highway 27, Center Point, Kerr County, Texas 78010 Dear Mr. Odem: On behalf of Martin Marietta Materials Southwest, Ltd., (MlvIlvi) I am submitting the attached floodplain development permit for a commercial project. The $400 application fee is also included in this submittal. This cover letter serves to describe the proposed project. MMM proposes to construct a haul road across Zone A (no base flood elevations determined) of the 100-year flood plain at the above referenced property. The Flood Insurance Rate Map (F1I2M) referenced is Map Number 4826500275 E, effective date Tuly 19, 2000. The haul road will be constructed as shown on the attached figure. The proposed haul road will cross a drainage ditch located on the eastern fence line of d-e property. United States Army Corps of Engineers (USAGE) Nation Wide Permits allow this crossing without notification based on the minimal amount of impact (less than i/10 of an acre) to the drainage ditch. Therefore, no pre-construction correspondence with the USAGE is ctiquired. The banks of the ditch in dte area of the haul mad will be graded to a safe slope for the mobile equipment. This proposed project specifically excludes mining and placement of fill (other than for the haul cued} in the 100-year flood plain. Future mining activities are planned for areas described as i00-year floodplain in the current FIRM map. Submittals to the National Flood Insurance ?rogram (NFIP) are pending in order to correct the FIRM map representations. Mr. Leonard Odem Kerr County Road and Bridge Page 2 of 2 December 21, 2006 The permit requested by this submittal is for the haul road only. No other construction or changes to Zones A or AE are requested. If you or your staffhave any questions, please feel free to call me at 2I0-208-4573 or Mr. Sandy Garcia at 210-208-4315. Respectfully submitted, ~~ O ~ ~9~~ti+ti-,tea--- Ryan K. DeBatros Environmental Engineer Distribution: Addressee Mr. Sandy Garcia, Martin Marietta Materials Southwest, Ltd "s a. .~+~"fit~i I.eanard Odom, Jr. C.F.M. Floodpiain Administrator 40Ifl San Antonio Hwy. Kerrville, T'X 78fl28 'elephone 830-357-2993 FAX 830-896-$481 Email: k~p~aCa~ktn.com KERB COllNTY FLOODPI.xAIlV DEVELOPMENT PERMIT (Valid until 7ANitARY 20, 2007 unless significant changes of natural deposits occur. } LAME OF PERMITF.E: MARTIN MARIETTA MA'fERAII,S SW LTD. PERMIT NO. SFD_ -022 SITE ~ 2 -BEDROCK PLANT ere above named permittee applied far a floadptain devetapamcnt permit art NOVEMBER 29> 20(35. '£be Keatr Cormty Floodplain ,dmfnistratm has reviewaed the application, and it is his deterattnafion that fire proposed development is located within an ideafiifia~ ioodplain of Kerr CatmtY_ be Floodptam Administrator has reviewer plans and evelopmetui standards regatired ]sy 14~r C:owtry ]~lcxrc oilowina describes] work: GRAVEL MINING. NOT of t3te proposed development for cottfotmance with the tnentregtdatioczs. Yiszx ar^e h~'eby authoria~,~ct to procur.~l rsit~ 41w` ~( £~N~L,.~{•FF>1~A~KPut{?DjI~Cf}jL{~1. ontEcepron~v3y It1?T;n)VFR,~I;1LRf i?J?r,F'Y14FT'T~!i€S15E.I$,{t%'~'nt "o maintain compliance with ttre development standards ai Kerr Coturty Ftoadpiain Management regulatimns and ba elaninata or nittimi~ fleet damage partexttial to Uxe proposed developtttem, you are ]ter+eby diree5ed to construct your proposed developmsat in ccardarace with dxa f`ollawing special luovssiaus: } 3 ~. residesttial structures, tfie lower t hoar ('snclutding basemtxtt} must be elevated to ~_firet mean sea ]ever. } Yor eon-essxden#ial atxusauras, the lowest tlflor (irnauding basmnent) must he elevated or flood puaofed to fteim~n saes level Permittee must submit a txrt[ficatirm frown a registered profe:aiottat architect, or Sated staveyor fleet the finished floor level of t3ze i>Rcidentia] structure has been c~msttucted at the ap~ified elevation. )For non-residential flood proaflng, a registered ~rafessional engt~eer cxr archit~t must certify that the flood proofing mctl4odc arc adequate bo withstand the flood pressures, vetocrtiea, impact and uplift foreea and other factors aasocimed with base flood_ ( )The inundation of the stnxaxurree must, at a minhuutn, comply with the specifications attached. The materials used in the structure must be from the list attached. ( )The water supply inlet and. sanitary outlet must have an automatic back water an• back flow device installed. ( ) Provide a certified copy of all final plans or as-built drawings to the Floodplain Administrator. (X) {see attached list) GRAVEL MINING. NOT IN STREAM CHANNEL NO BANK MODIFICATIONL Permit tcknowledgem~t o{'Canditions by Permittee (Signature) a .~~~-~_ ]t I3o/2vOS Date --1! -~ Dale Leonard Odom, Jr. C.F.M. Floodplain Administrator 40]0 San Antonio Hwy. Kerrville, TX 78028 Telephone 830-357-2993 FAX 830-896-8481 Email kcroadsta7~ktacom KERB COUNTX FLOODPLAIN DEVELOPMENT PERMIT (Valid for One (1) year) NAME OF PERMITEE: MARTIN MARIETTA MATERIALS SOUTFIWEST, LTD. PERMIT NO. F07-002 The above framed permittee applied for a floodplain development permit on February I5, 2009. The Kerr County Floodplain Administrator has reviewed the application, and it is his determination that the proposed development is located within an identified floodplain of Kerr County. The Floodplain Administrator has reviewed plans and specifications of the proposed development for conformance with the development standards required by Kerr County Floodplain Management regulations. You are hereby authorized to proceed with the following described work: Bo[Id an access road at ground fevef across Zone A to Sutherland Lane on the property: Parcel # R 60261 running between CP River Road and Hwv 27. West of Sutherland Lane. To maintain compliance with the development standards of Kerr County Floodplain Management regulations and to eliminate or minimize flood damage potential to the proposed development, you are hereby directed to construct your proposed development in accordance with the following special provisions: ~'-' )For residential structures, the lowest floor (including basement) must be elevated to feet mean sea Level. ( )For non-residential structures, the lowest floor (including basement) must be elevated or flood proofed to feet mean sea level. ( ) Permittee must submit a certification from a registered professiona! eagirner, architect, or land surveyor that the fmished floor level of the residential structure bas been constructed at the specified elevation_ ( )For non-residential flood proofing, a registered professional engineer or architect must certify that the flood proofmg methods aze adequate to withstand the flood pressures, velocities, impact and uplift forces and other factors associated with base flood. ( )The four~da6on of the structure must, at a minimum, comply with the specifications attached. { )The materials used in the structure must be from the list attached. ( )The water supply inlet and sanitary outlet must have an automatic back water or back flow device installed. (X) Provide a certified copy of all finaS plans or as-built drawings of the access mad crossing of the A Zone to the Floodplain Administrator. ( )n Other provisions (see attached list) 1) Place permanent markers in the ground along the AE & A Zones of the floodolain in ~~~ 7 Date .~~tS -u `? pate PUBrLIC PARTICIPATION FORI1n FOR KERR COUNTY COMMISSIONERS' COURT ~~ INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one extra copy for the Clerk to ensure that one is put into the record. Name: I~t~,,r ~ ~~-i-~~r~:l Telephone: ~~c~- ~~'~- ~3~2 Place of Employment: ~ot~.~r~~ ~~~~~skc es ~n Employment Telephone: ~~c~-~c~-G'~/~~Z Do you represent any particular group or organization? Yes X No If you represent a group or organization, please state the name, address and telephone number of such group or organization: C~/U ~ f t~~c n ~('c ~~ Which Agenda Item (or Items) do you wish to address: In general, are you for or against such Agenda Item (or Items)? For Against Signature NOTE: This Public Part"scipation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium please state your name and who/what you represent clearly for the court reporter to accurately record who you are. PUBt_IC PARTICIPATION FORM , j,~.t~7 FOR ~;- KERR COUNTY COMMISSIONERS' COURT INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COt1NTY CLERK prior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one extra copy for the Clerk to ensure that one is put into the record. Name: ~/o /,.. Sfcn c G~a.~o Address: BAoo i/~•io BEST .SB / L}.~ 7 b n1 , 0 * ~Y 7 A~ J D Telephone: ai a -aos- 7' 3 S L Place of Employment: ~ A Q >-, ti M A e, .e TTf+ Employment Telephone: Zia , tr c i - ~ i S~ Do you represent any particular group or organization? Yes / No If you represent a group or organization, please state the name, address and telephone number of such group or organization: INAE'ri..! /r/,4f~ETlii /NiPT~ligGs S A ./ /~ ..~ To .J l TT ~C T ~~ 3 0 Which Agenda Item (or Items) do you wish to address: / 7 .ate a.~s,T In general, are you for or against such Agenda Item (or Items)? Ford" Against Si n ture NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium please state vour name and who/what you represent clearly for the court reporter to accurately record who you are. The Federal Emergency Management Agency (FEMA) states the floods are the rnost common and widespread ofall natural dis- asters-except fire. Most communities in the United States have experienced Borne kind of flooding. FEMA encourages the use orzuetlarzcLr ~zr.rtorrnavater detention in lieu of, or in conjunction with, traditional structural flood corztral measures. Wetldnd Hydrology ar:d F(nad Control Wetlands are transition zones .between uplands and deeper water, unique ecosystems char- aderized by their hydrnlnay sn11s and vegetation. Theyfunction like natural Pubs, storing flood waters that over- £low riverbanks and surface water that col- lects in depres- sional areas. I ro ih'is way; wet- lands tan help .protect adjacent arid downstream property from Nood damage. (Source: FEMA) How Do Wetlands Help Reduce Flooding? The effectiveness of wetlands for flood abatement may vazy, depending on the size of the area, type and condition of vegetation, slope, location of the wetland in the flood path and the saturation of wet- land soils before flooding. A one-acre wetland can typically store about three-acre feet of water, or one million gallons. An acre-foot is one acre of land, about three-quatters the size of a football field, cov- ered oue foot deep in water. Three acre-feet describes the same area of land covered by three feet of wazer. Trees and other wetland vegetatimt help slow the speed of flood waters. This action, com- bined with warer swrage, can actually lower flood heights and reduce the water's destrucrive potential. (Source: EPA) The Wetlands Initiative completed an 18-month study, "Flood Damage Reduction in the Upper Mississippi River Basin: An Ewlogical Means." The study revealed that restoring the IOC-year flood zone of the Upper Mississippi five-state watershed could store 39 million acre-feet of floodwater, the volume that caused the Great Flood of 1991, and save over `;16 billion in projected flood dama3;e costs. In Minnesota, an additional study br The Wetlands Initiative noted char flood peaks and damage costs would be decreased by restoring the natural hydrol- ogy of the floodplain. The cost of replacing the flood control function of the 5,000 toes of we~- lands drained each year in Minnesota alone would be X1.5 million, compazed to the potentially mil- lions of dollars lost to flooding. Pres:rving wetlands in the first place and restoring some of those that have been drained could help reduce future flood losses. (Source: The Wetlands Initiative) Preserving and protecting coastal wetlands can help reduce sto-m damage. St. Stanisla ~s was a boy's Catholic Boarding School over a hun fired years old in Bay St. Loins, MS. Located on the bea:h overlooking the Gulf, if was destroyed by Hurricane Katrina. This picture wa= taken before the buildinct disintegrated. ti C ~ h e y e Wl e t l~ n Charles River, Massachzzsetts Along the Charles River in Massachusetts, the U.S. Army Corps of Engineers (the Corps) has acted to utilize wetlands in preventing flood damage. It was calculated that loss of all wetlands in [he Chazles River watershed would have caused an average annual flood damage cost of $17 million. The Corps concluded that conserving wetlands was a natural, less expensive solution to controlling flooding than the construction of dikes and dams alone, and they proceeded to acquire 8,103 acres of wetlands in the Charles River basin for flood protection. (Source: U.S. Army Corps of Engineers -Charles River Natural Valley Storage Area) were reduced by the wetland vcgcnuion, and the damaging flood peak was greatly reduced. (Source: Jarrett and Costa 1984) Horseshoe Park, Colorado Grand Kankakee Marsh, Indiana In 1982, an earthen dam on Lawn Iake in Rocky Mountain National Park collapsed, suddenly releasing almost 700 acre-feet of water into the Roaring Rivet A wall of water 25 to 30 feet high moving at 9 miles per hour rushed downstream and entered Fall River at Horseshoe Park. The Park contained wetlands adjacem to the river, with meadow grasses, reed and dense willow stands. Here the flood wave spread across the broad, flat valley and was slowed by wetland vegetation. The height of the wall of water was reduced to about 10 feet, and the water spread out over the meadow to a width of 1,300 feet. The flood was finally contained by Olympus Dam on Lake Estes, but it had claimed 4 lives and caused $31 million in damage. If not for the wetlands and meadows at Horscshuc Park, nc~ damage would have beer; much worse. The height and speed of flood waters Prairie Wolf Slough, Illinois In 1900, [he Kankakee Marsh was one of the largest, most ecologically diverse w_dands in the United States. During the 20th century much of the marsh was drained and converted to agrictiltural use. Channelization of the Kankakee River, which fed die marsh, reduced i[s leng[h from 250 to 90 miles. As a result, water quality was degraded and flooding increased. Atr ambitious project was undertaken o address these concerns. The project, featuring d verse partners from all levels of government, private conservation groups and business, was designed to restore over 25,000 acres of wetlands. With a grant from the North America Wetlands Conservation Act and donations of cash and land, 3,000 acres of wetlands have already been resrored. Waterfowl populations have increased, water quality is improving and flooding has decreased. (Source: National Park Service, "Floods, Flcodplains and Folks", 1996, U.S. Fish and Wildlife Service, Private Lands Office) Mayview Wetland Project, Pennsylvania The Middle Fork of the North Branch of the Chicago River flows through an abandoned farm field in the suburbs. The area was idemified as the future location for a trail, part of dre North The Pennsylvania Depazmiem of Transportation (DOT) completed a wetland restoration project to offset impacts to 32 acres of wetlar ds chat were filed during the construction of Interstate 279 through Southwestern Pennsylvani t and the Southern Expressway. The site of d~c wetland resmration is Mayview, a 65-acre piece of land, flanking Chartiers Creek, a major :Cream. The creek was subject to Frequent, high velocity flooding and constructing wetland:: there is helping control these floods. The tew wetlands provide flood storage capacity for E3 million gallons of water and serve as an outdoor classroom for nearby schools. The Department of Transportation is seeking funding to restore additional acreage. (Source: Natio aal Pazk Service, "Floods, Floodplains and Folks", 1 )96) thxeatand c~asrs- of flood damage;. In 1982 these meadows and wetlands at Horseshoe Park in Colorado were hit by a 25 To 30 foot wall of wafer. The height and speed of the flood waters were reduced by the wetland vegetation, and the damaging flood peak was greatly reduced. s ~~ e I~ e l p i n g Branch of the Chicago River Open Space Plan designed by the Friends of the Chicago River and Lake County Stormwarer Management Commission, a regional open space advocacy organization. By restoring wetlands hydrology, clearing non-native vegetation and planting wetland, prairie and savanna vegetation, the functions and values of the werlands have been restored. Structures rued to drain the area for farming were removed, and a new water control structure was constructed ro decrease sedimentation of die river. The result was moderation of stormwater flows which provided the area with flood protection, as well as pennanem open space and new environmental education opportunities. (Source: National Park Service, "Floods, Floodplains and Folks", 1996, Friends of the Chicago River) Vermillion River, South Dakota The Vermillion River has always flooded. It has a narrow channel and flows slowly, making it "flood prone." Thousands of years ago, this part of South Dakota was scoured by glaciers that carved out shallow depressions which remain today and seasonally fill with water. These "prairie yotholes" are intermittent, seasonal wetlands which dot the landscape. They quickly thaw in spring and provide habitat for a multitude of migratory birds and other water fowl. For hundreds of years, the rain and snow melt in the watershed were held in these wetlands, and runoff across the prairie was slowed. As South Dakota became populated, many prairie potholes were filled to facilitate farming. While these wetlands are small, they are numerous and can hold a significant amount of flood water. As more wetlands were filled, flooding increased. The Creat Flood of 1993 was dcvastating w the atca. Tu combat future flooding, structural flood controls were put in place, but they were not sufficient. In response to this problem, the National Park Service and the Federal Emergenry Management Agency formed a pannership with the South Dakota Division of Emergency Management and Turner-Lincoln-Clay Counties Warer Project District. Working rogether, this coalition assessed the area and condition of the remaining network of potholes. They developed a plan to protect the remaining werlands and restored some of those chat had been filled. (Source: National Park Service, "Floods, Floodplains and Folks", 1996, The Vermillion River. Managing the Watershed to Reduce Flooding, Federal Emergency Management Agenry) More Wetlands Mean Less fioocling These examples illustrate how protecting and restoring wetlands can reduce the destructive potential of flooding: Wetland restoration andpreservation_is an. important component of a comprehensive flood protection svategy. EPA, working with other federal agenry partners, is a resource for state and local decision-makers, providing tools and limited Funding for devel- opment of state wetland programs. Preserving werlands, along with other flood control measures, can offer a de;,ree of protec- tion against flooding that is often more effective .urd costs less than a system of traditional dikes and levees. If n ore communi- ties protect existing werlands and increase the qu:mtity of weo- lands through restoration. projects, we will be bet ter protected agains[ the consequences of floods. On the Internet: ~ a ~~~ ~ ~ ~_ Charles River Nantral Valley Storage Area .............. . www.nae.usace.armymil/recreati/crn/crnhome.htm Federal Emergenry Management Agency ............................................. www.fen.a.gov Friends of the Chicago River ................................................ . www.chicagoriver.org National Park Service ............................................................. wtvsv.nps.gov The Wetlands Initiative ................................................ www.wedands-initiati re.org U.S. Army Corps of Engineers ................................................. www.usace.armymil In Print: Floods, Floodplanu and Folks. 1996. National Park Service. Rivers, Trails and Conservation Assistance Program. Flood Damage Xedurtion in the Upper Mississippi River Basin An Ecological Alternative. 2004. Donald L. Hnttol Strategy..' 1994. Donald L. Hey and Nancy S. Philippi. The Wetlands Initiative, Chicago, IL ....................... www.wetlands-initiative.org Society of Wetland Scientists ...... ... :................:.................................. . wwwstas.org U.S. National Weather Service........ , , wWw.nws.naaa.gov Wetlands Status and Trends.........._ . .............. _, ............... . httpa/vietlandsE~ t ~,..,. ' ~'~ r ~,,,,,a~....~- a"~'`n~" y +~ r 1 From Forge & Anvil by Candace Leslie and Diane Hopkins-Hughs From Foroe & Anvil is artisans. With this photographic study, writer Candace Le:>lie and place m the pantheon of ironwork artists. The first part of the book tells the story of Riesel's life. Born in Germany, he came to America at 22 and after working as a cowboy on a number of Texas ranches, his gifts as a talented ornamental ironworker were accidentally discovered by two oilmen who were establishing handsome ranch/retreats on the banks of the Guadalupe I~iver in the heart of the Texas Hill Country. For five years Riesel endowed their properties with beautiful ornamental works that have continued to evoM.e admiration. In this book, Leslie provides a fascinating description of Ri~:sel's creative process, from discussing how he got his ideas (dreaming was important), through astep-by-step discussion of the construction of an artwork in iron. The second part of the book is devoted to Hopkins-Hughs' black and white photographs. In these, she manages to harmonize her work with Riesel's, giving the viewer a wealth of information about his art. From massive ranch gates to airy railings to intricate chandeliers, Riesel turned out -and liopkins- Hughs captures- masterpiece after masterpiece in wrought iron, creating a 96 pages. 9 x 10. 70 8&W art photos. Soft cover. $12.00. (2000) ISBN 1879335913 "...a fine, empathic view into [Riesel's] world." -Anvil's Ring Add to Yoor Vrw Ywrc f Go To ©zoo4 Astragal Press r~ ~® ,; ;; ~~P~-E o~'a ~'E X A, S ~' ~--jISTORICAL COMMISSION The State Agency for Historic Preservation RICK PGARI', GOVERNOR JOHN 1.. NAU, III, CIiAIRMAN F. IAWERENCE OAKS, EXECU'ItVE UIRECTOR October I6, "1006 Mary Matthews PO Box 4b4 Center Point, TX 78010 RE: Determination of Eligibility, Howard M. Naylor Ranch, Kerrville, Kerr County, TX Dear Ms. Matthews: Thank you for your inquiry regarding the National Register of Historic Places- Staff has examined the information you submitted, and has determined that the Naylor Ranch is ell ble for listing in [he National Register of Historic Places under criterion C, in the Area of Architecture, and possibly criterion B for its association with Naylor. You have already collected a lazge amount of information about the ranch. The next step will be to assemble your research into a National Register nomination. Enclosed are materials to assist you in preparing a nomination. The CD contains a blank National Register form (this is a slightly different format than the one you submitted) and a nomination for architect designed house in Dallas. Use the sample nomination to organize your narrative sections and construct yow azguments for significance and integrity. Because you submitted a partially completed National Register form, I am also including some initial comments to help guide yow efforts: National Register criteria requires that a property, or its significant associations, be at Least fifty years old or exceptionally significant. Resowces on the ranch that aze less than fifty years old should not be considered contributing, while buildings which are more than filly years old may be considered contributing even if they are in poor condition (such as sheds) If the ranch is nonnated for architecture only the period of significance can be a single year, the date of construction. If it is nominated for association with Naylor, the period of significance should be cut off at the fifty year mark. Include some information on the Rowsey's but keep the Focus of the nomination on the Naylor's because the Rowseys occupation of the ranch post dates the period of significance. If the ranch is going to be nominated for association with Naylor,~it should be nominated under criterion ]3 (person) rather than criterion A (events). In order to establish the significance of Naylor, the nomination will need to discuss the context of the petroleum industry and his individual contributions. We can discuss this further and decide together weather or not to pursue criterion B. To coordinate the archeological documentation you, or your archeologist, can contact Dan Potter, regional archeologist at 512-463-8884 or dan-~otterna,[hc-s[ate.tx.us. P O. aUx 12276 AUSTIN, "CX 7871 I-2276 512/4(3.6100 FAX 512/475-4872 TDD t-soo/735-2959 wa•w.thcs[a[e.[x.us All nominations are. reviewed by the State Board of Rcview, which meets three times each year. 1'o aid in meeting the final drafr deadline for any given SBR meeting, it is recommended that fast draft nomination forms be submitted to me for a couResy review as soon as it is ready. In order for your nomination to be placed on the agenda, we must receive a FINAL DRAFT in time to copy it and send it to the board members 30 days in advance of the board meeting. In addition, staff requires at least 2 weeks to review and continent upon each draft nomination. Those nominations which need further work of any kind will not be considered final drafts. We commend your e}3orts to document and preserve this building. If you have any questions, you may contact me at 512/463-6046 or hannah.vaughan@thcstate.tx.us. Thank you for your interest in preserving Texas' cultural heritage. Sincerely, ~ _ ._ .__ 1 _. ~ \~. Hannah Vaughan Historian 21 Martin Marietta Materials ~,-t j~ San Antonio District 5710 W. Hausman Rd., Suite 121 San Antonio, Texas 78249 Telephone (210)208-4400 Watts (800} 683-2500 December 21.2006 Mr. Leonard Odem Kerr Couniy Road and Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Subject: BEDROCK (04 ACRE TRACT - IiAUL ROAD DEVELOPMENT PERMIT Martin Marietta Materials Southwest, L,td. -Bedrock Quarry Kerr County Appraisal District Identification Number: R b0261 Near 5529 Highway 27, Center Point, Kerr County, Texas 78010 Dear Mr. Odem: On behalf of Martin Mazietta Materials Southwest, Ltd., (MMM) I am submitting the attached floodplain development permit for a commercial project. The $400 application fee is also included in this submittal. This cover letter serves to describe the proposed project. MMM proposes to construct a haul road across Zone A (no base flood elevations determined) of the 100-year flood plain at the above referenced property. The Flood Insurance Rate Map (FIRM) referenced is Map Number 4826500275 E, effective date July 19. 2000._ The haul road will be constructed as shown on the attached figure. The proposed haul road will cross a drainage ditch located on the eastern fence line of the property. United States Army Corps of Engineers (USACG) Nation Wide Permits allow this crossing w [hout notification based on the minimal amount of impact (less than 1/10 of an acre) to the drainage ditch. Therefore, no pre-construction correspondence with the USACE is required. The hanks of the ditch in the area of the haul road will be graded to a safe slope for the mobile equipment. This proposed project specifically excludes mining and placement of fill (other than for the haul road) in the 100-year flood plain. Future mining activities are planned for areas described as 100-year floodplain in the current FIRM map. Suhmittals to the National Flood Insurance Program (NFIP) are pending in order to correct the FIRM map representations. z Z Mr. Leonard Odem Kerr County Road and Bridge Page 2 of 2 December 21, 2006 The permit requested by this submittal is for the haul road only. No other construction or changes to Zones A or AE are requested. If you or your staff have any questions, please feel Free to call me at 210-208-1573 or Mr. Sandy Garcia at 210-208-4315. Respectfully submitted, ~O ~//~i~ Ryar; K. DeBarros Environmental Engineer Distribution: Addressee Mr. Sandy Garcia, Martin Marietta Materials Southwest, Ltd. 23 's' N `r ~~ t, IJ~r'vk:'fl':I~ur,rl.i4l'\!:-11.15 4'!N ~.un,' nZSll~l :I>li '!N x!17'; i'`,I; ~p,f',,., ~,'~?q~ .Aitt:f.l ulf~IL1 :,?IUIeILUII.f :.1'i\', e5 :,.:o'Itl.[ .;p4~t;.;il S1iG1 wsswslB{il B^INW fwwnnsB f~ ,1>RI~.%IIt~~;LtiPtlil:I[I :a:'.o,y, ua~ .~. .wey4lu.pBws s ~~ti?-IdR". 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Suite 600 San Antonio, TX 76230 Telephone (210) 696-8500 Toll Free (800) 683-2500 October ?, 2006 Mr. Leonard Odom Kerr County Road and Bridge 4010 San Antonio Highway Kerrville, TX 78(128 (830) 257-2993 Subject: Application for Floodplain Detemlination and/or Permit Martin Marietta Materials Southwest, Ltd. -Bedrock Quarry (104 acres) Dear Mr. Odom: This is in reference to the Martin Marietta Materials Southwest, Ltd.'s 104-Acre expansion property located adjacent to the existing Bedrock Quarry located in Kerr County, Texas. Enclosed please find the site maps showing the existing FEMA mapping (circa 1977). The site areas are predominantly under the Zone X, Zone A (along the old Nowlin Hollow drainage) and Zone AE (along the southern property area). Areas under the Zone AE will not be disturbed and there will be no fill placed in this area. Old Nowlin Hollow drainage at the site was relocated several years back by the landowner through a drainage channel located along the eastern property boundary. This drainage channel was surveyed and from the calculations (both backwater and 100 year storm event) it appears that that the existing channel is of adequate size to accommodate the flow and Zone A area. The site area was also reviewed for USAGE Section 404 wetlands, Texas Aggregate Quarry and Pit Safety Act compliance, and Texas Historical Commission's listed Historical Sites. Following is the summary of the review: 1. SWCA Environmental Consultants conducted the pedestrian survey of the site area on September 4, 2002. Soil Survey Maps were also reviewed. A small wetland area occurs at the confluence of the Nowlin Hollow drainage and the ditch. This area is not expected be disturbed at this time. Appropriate USAGE permits will be secured prior to any disturbance of this small area. The SWCA Survey did not Indicate the presence ofhydric soils, hydrology or vegetation associated with wetlands in remainder of the site area. 2. Texas Aggregate Quarry and Pit Safety regulations are codified in Title 43, Part 1, Chapter 21, Subchapter M. Martin Marietta Materials Southwest, Ltd. has reviewed these regulations and the site area will be operated in compliance with the applicable regulations. 2~ 3. Texas Historical Commission regulations are codified in Title l3, Part 2. Martin Marietta Materials Southwest, Ltd. has reviewed these regulations and the site area will be operated in compliance with the applicable regulations. In addition, the Texas Historical Commission Atlas was also reviewed for the site area._N_o ide_n_t_ified historical structttres are located at or in the vicinity of the site area ____ In the end, we certainly appreciate your time and assistance with this project. Please contact the undersigned at (2l0) 208-4566 or Martin Marietta Materials Southwest, Ltd., 8200 IH-10, Suite 600, San Antonio, TX 78230. Sincerely, Lalit Bhatnagar, P.E. Division Environmental & Natural Resources Manager 2`l Martin Marietta Materials San Antonio District 5710 W. Hausman Rd., Suite 121 San Antonio, Texas 76249 Telephone (210) 208-4400 Watts (800)683-2500 January 23, 2007 Leonard Odom, Jr. CFM Floodplain Administrator, Kerr County 4010 San Antonio Hwy Kerrville, Texas 78028 Please note that we will not be requesting a renewal for Floodplain Development Permit No. F06-003, that was issued on January 30, 2006 and expires on January 3Q 2007. We do, however, r~lan to apply for a renewal as soon as flooding events replenish the mined area with gravel. If you have any questions, please do not hesitate to contact me. Sincerely, /~ Sand drela Man ger of Sand and Gravel Operations Office # 830-634-2965 Cell # 210-240-8116 ~0 NATIONAL FLOOD INSURANCE PROGRAM PROGRAM DESCRIPTION August 1, 2002 Federal Emergency Management Agency Federal Insurance and Mitigation Administration 3~ NFIP Description August 1, 2002 In addition, FEMA's Hazard Mitigation Grant Program (HMGP) under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Relief Act of 1988, as amended, also provides considerable resources in reducing or eliminating future flood damages to existing structures after a flood disaster. The Disaster Mitigation Act of 2000, which amended the Stafford Act, will provide additional resources for mitigation projects and planning. These activities aze further described under "Other NFIP Activities" below. FEMA's resources combined with resources from other Federal agencies, such as the Department of Housing and Urban Development and the Small Business Administration, have improved the level of compliance with the substantial damage requirement by providing property owners with the fmancial help they need to meet Program requirements. A number of the existing Pre-FIRM structures experience repeat flood damages and represent a significant problem for the Program. NFIP Repetitive Loss Properties have been generally defined as those that have had at least two losses of $1,000 or more within any 10-year period. Currently there are about 45,000 insured repetitive loss structures in the country. These buildings represent a serious drain on the National Flood Insurance Fund and have accounted for neazly one-third of all paid losses. The NFIP Regulations do not include specific criteria to address repetitively damaged structures similaz to the substantial damage requirement. However, FEMA has developed a Repetitive Loss Strategy to identify properties throughout the country that are most at risk for repeat flooding, and to reduce their exposure through tazgeted buyouts, relocation, and elevation. The strategy tazgets a subset of Repetitive Loss Properties that includes currently insured properties that have 2 or 3 losses where the cumulative flood insurance claim payments aze greater than the building value or those properties that have had 4 or more losses. These represent around 10,000 buildings. FEMA's mitigation programs are being focused on these buildings, which will result in significant reductions in NFIP claims and overall flood damages as they are mitigated. Ordinance Adoption Once FEMA provides a community with the flood hazazd information upon which floodplain management regulations aze based, the community is required to adopt a floodplain management ordinance that meets or exceeds the minimum NFIP requirements. FEMA can susuend Fommunities from the Program for failure to adopt once the community is notified of being _ _ ---- flood-prone or for failure to maintain a floodplain management ordinance that meets or exceeds Program for failure to adopt or maintain a floodplain management ordinance that meets or exceeds the minimum requirements of the NFIP are established in the NFIP regulations at 44 CFR §59.24(a) and (d). Since 1968, just over 2,300 communities have been suspended for failure to adopt. Most of these communities subsequently adopted a compliant ordinance and were eventually reinstated into the Program. A community either has or does not have a compliant ordinance. There are currently 261 communities suspended from the Program for failure to adopt floodplain management regulations that meet or exceed the minimum NFIP requirements. These aze generally small communities with little or no floodplain development. 16 '~ 2 NFIP Description August 1, 2002 In these susnended communities flood insurance is not available to property owners. In addition, these communities are subject to limitations on Federal financial assistance in Section 202(a) of 1973 Act which prohibits Federal officers or agencies from approving any form of loan, grant, guazanty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, for acquisition or construction purposes within SFHAs. For example, this would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. In the case of disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended, this prohibition only applies to assistance in connection with a flood. Furthermore, Section 202(b) of the 1973 Act requires federally regulated lending institutions to notify the purchaser or lessee of improved real property situated in a SFHA whether Federal disaster assistance will be available when such property is being used to secure a loan that is being made, increased, extended or renewed. Monitoring Community Compliance FEMA monitors communit exceeds the minimum NFIP an ordinance that meets i to ensure that they are effectively enforcing their ordinance. While the NFIP floodplain management criteria aze ~administered by States and communities through their floodplain management regulations, FEMA's role is to provide technical assistance and to monitor communities for compliance with the minimum NFIP criteria. If communities do not adequately enforce their floodplain management regulations. thev can be placed on probation and potentially susnended from the FEMA or States on behalf of FEMA conduct Community Assistance Visits (CAVs) and Community Assistance Contacts (CACs) to monitor community floodplain management programs. A CAV is a scheduled visit to an NFIP community for the purpose of conducting a comprehensive assessment of the community's floodplain management program. The CAV is also used as an opportunity to provide technical assistance to the community. A CAV typically involves a tour of the floodplain, a meeting with local floodplain management officials, and an examination of the community's floodplain development permit and variance files. The visit is documented in a follow-up letter to the community. If any issues are identified during the CAV, such as a possible floodplain violation or program deficiency, these issues aze also addressed in the follow-up letter. The community is responsible for resolving any program deficiencies or remedying any violations identified. A CAC is used to establish a contact with a community for the purpose of determining if any problems or issues exist and to offer the community assistance if necessary. CACs can be conducted by means of a telephone call or brief visit. While CACs aze a less comprehensive assessment of a community's floodplain management program, sufficient information about the community's floodplain management program can be obtained in order to determine whether there aze more serious floodplain management problems in the community. 17 33 NFIP Description August 1, 2002 Several thousand local officials are contacted annually through CAVs, CACs, and other activities such as workshops and formal floodplain management courses. Also, a number of local officials directly contact State or FEMA regional staff for technical assistance. Because of resource limitations in conducting CAVs and CACs in any given year, FEMA has established criteria in prioritizing which communities will be visited or contacted. Basically, a CAV should be conducted in communities with known or suspected program deficiencies or potential violations or communities experiencing development in the floodplain. CACs aze not conducted in communities where more serious floodplain problems or issues are known or suspected. CACs are generally used as a screening tool for determining whether a community should receive the level of attention of a CAV. Together, they provide FEMA with an effective means of monitoring participating communities and providing technical assistance. FEMA staff can also monitor enforcement by communities through applications for flood insurance policies, which often identify buildings that are potentially in violation of the NFIP minimum floodplain management requirements. In addition, FEMA can monitor enforcement by communities through the LOMR (Letter of Map Revision) process. Requests through the LOMR process to remove land from the floodplain designation based on fill may indicate that floodplain azeas have been improperly filled such as in a floodway or in a coastal V Zone or that a building has its lowest floor below the BFE. The respective FEMA regional office will follow-up with the community to determine whether the building or floodplain development is in compliance with the community's floodplain management regulations and may conduct a CAV if warranted. Actions Against Communities For Failure to Enforce Most deficiencies in a communitv's floodplain manaeement program or violations of local races aze~enerally due to lack of understanding of the NFIP requirements, lack failure to understand the rationales behind the NFIP requirements, or lack of an appreciation of the insurance i~lications and other consequences of a decision. Most problems that are identified can be solved through community assistance efforts. When this does not happen, FEMA has procedures in place to conduct an enforcement action in order to obtain compliance by the community. If a community does not adequately enforce its floodplain management regulations, it can be placed on probation or suspended from the Program. Following a CAV, the community must be given reasonable time to demonstrate buildings are compliant with the ordinance or it must correct any program deficiencies and remedy any violations identified during the visit. This affords the community the appropriate due process. It also makes placing a community on probation, if necessary, and potentially suspending a community legally defensible. As long as a community is making adequate progress toward correcting program deficiencies and remedying violations, FEMA will not initiate formal probation. It is important that the community work toward resolving its problems to ensure that future flood damages and potential loss of life aze mitigated. FEMA, however, will initiate probation in a community that does not make sufficient progress in resolving its floodplain management issues or chooses not to address them. The procedures for placing a community on probation or suspending a community from the Program are established in the NFIP regulations at 44 CFR §59.24(b) and (c). 18 3~ KERB COUNTY FLOOR DAMAGE PREVENTION ORDER ORDER N0.26463 ARTICLE I STATUTORY AUTHORIZATION, FINDII~'GS OF FACT, PURPOSE AND METIiODS SECTION A. STATUTORY AUTHORIZATION The I.cgislature of the Start of Texas has is Texas Water Code, Section !6.315 delegated the responsibility of local governmenffit units to adopt regulations designed to ro~n+m;~n flood losses. Therefore, the Contmissiona's Cotut of Kerr County, Texas, does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Kerr County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of comma'ce and gaverameaffi1 services, and extraordinary public expenditures for flood protection and relief; all of which adversely affect the pubGe fxaltb, safely and genasl welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplaias which cause an increase in flood heights and velocities, and by Ute occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other ]ands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this order to promote the public health, safety and general welfare and to ~+m+**+i>e public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; {4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; -t' Adopted June 26. 2000 ~ 5 HIGHEST ADJACENT GRADE -means the highest natural elevation of the Bound surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE -means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Departrnent of Interior) preliminarily determined by the Secretary of the Interior as meetine the requvements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local invemory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee or levees, and associated swctwes, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering Practices. LOWEST FLOOR -means the lowest door of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design roquiretnent of Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when wtmected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parse[ (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communitys Flood Insurance Rate Map are referenced. -6- Adopted June 26, 20D0 `z'~ VARIANCE - is a gram of relief to a person from the requ'vement of this order when specific enforcement would result in unnecessary hardship. A variance, therefore, permits constructiop or development in a manner otherwise prohibited by this order. (For full requirements sce Section 60.6 of the National Flood Insurance Progam regulations.) VIOLATION -means the failure of a structure or other development to be fully compliant with the communit}rs floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(6x5), (cx4), (cx ] 0), (dx3), (ex2}, (ex4), or (ex5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION -means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WffiCH THIS ORDER APPLIES The order shall apply to all areas of special flood hazard within the jurisdiction of Kerr County, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD Aw~ARn The areas of special flood hazard identified by the Federal Emergency Management Agency ht a scientific and engineering report entitled, "The Flood Insurance Study for Kerr County, Texas," dated July I9, 2000, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this order. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be requited to ensure conformance with the provisions of this order SECTION D. COMPLIANCE Nit structure or~and shall hereafter be located, altered. or have its use changed without full compliance with the terms of this order and other applicable regulations '$' Adopted Jwic 26, 2000 `~ (3) Review, approve or deny all applications for development permits required by adoption of this order. (4) Review permits for proposed development to assure that all necessary permits have been obtained_ n those Federal, State or local Governmental a¢encies (including Section 404 of the Federal Water AcY 1'r {5) Where interpreation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Texas Natural Resource Conservation Commission {TNRCC), prior to arty alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. _"~ v (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be within Zones AI-30 and AE on the community's FIRM, utiless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the brio flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AI-30, AE, AH, on the communitys FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the cownuniry First applies for a conditional FIRM revision through FEMA (Conditional Letter of MAP Revision). SECTION C. PERMIT PROCEDURES permrtted J (!)Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level}, of the lowest floor (including basement) of all new and substantially improved structures; -10- Adopted June 26, 2000 (b) Elevation in relation to mean sea level to which any nonresidemial structure shall be floodproofed; (c) A certificate from a registered professional rngineer or architect that the nonresidential floodproofed structure shall meet the flcodprooflng criteria of Article 5, Section B(2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with Article 4, Section (Bx 1). or denial of a Development Permit by the Floodplain Administrator shall be (a) The danger to Life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; ---- ---- i `{d}The compatibility of the proposed use with existing and anticipated development (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing goverpmental services during and aRer flood conditions including maintettance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duratioq rate of rise and sedimrnt transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the Facility of a waterfront location, where applicable; 3 ~-- ~ y SECTION D. VARIANCE PROCEDURES (i) The Kerr County Commissioner's Court shall heaz and render judgement on requests for variances from the requirements of this order. ,[2) The Kerr Cotmri Commissioner's Court shall hear and render judgement on an appeal only when it is alleged them is an error in any requventettt, decision, or determination made by the Floodplain administrator in the orcement or a mtstranon of thic or er Adopted June 26, 2000 .~ J (3) Any person or persons aggrieved by the decision of the Kerr County Commissioner's Court ma (4) The Floodplsin AdmLtistrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Managemerrt Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regazd to the procedures set forth in the remainder of this order. (6) Variances may be issaed for new construction and substantial improvements to be erected on a tot of orte-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases bryond the one-halfacre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this order, the Commissioner's Court may attach such conditions to the granting of vaziances as it deems necessary to further the purpose and objectives of this order (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of'historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary io preserve the historic character and design of the structure. (l0) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief (b) Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing total taws or orders. (e) Any applicant to whom a variance is ganted shall be given written notice that the structure will be pertnitied to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be conuner~surate with the increased ristc resulting from the reduced lowest floor elevation. (1 t) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependecrt use provided that (i) the criteria outlined in Article 4, Section D(1 }(9) aze met, and (ii) the structure or other developmem is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. -12- Adopted June 26.2000 "1 v Progress on Challenges Infrastructure and Safety As a tactical implementation plan, the OEP assumes the ongoing modernization of NAS infrastructure systems that perform both ATC automation and the Communications/Navigation/Surveillance capabilities that support and enable the safe provision of air traffic services. Major modernization efforts within each of [he flight domains are needed to support ATM enhancements and operations, as defined in the NAS Concept of Operations published by RTCA. Within the next five years, the Standard Terminal Automation Replacement System and the En Route Automation Modernization will replace our current automation suite, which is currently constrained by inflexible design, obsolete hardware, and expensive analog connections. Similarly, we aze modernizing our ATC air/ground voice infrastructure, with a technology refresh that should reduce the cost and time needed for maintenance and upgrades. ' These distributed, adaptable systems, together with seamless sa[ellite- based navigation equipment, communications equipment, and surveillance equipment, will provide accurate, real-time information shared by both service provider and operators. The NAS Architecture Target System Description presents the expected capabilities of this future NAS in 2015. The OEP reflects commitments for implementation of capacity and efficiency enhancements as the NAS transitions to this modernized infrastmcture. Although much of our infmstmcture efforts are focused on runways and airport improvements, these need W be complemented with technology-based decision support tools, such as Free Flight's URET and TMA, which use [he information available from existing infrastmcture and aircraft equipage. Current ETMS traffic flow management tools help us capture some available capacity lost to weather or congestion, but growth is limited by the aging capabilities of ETMS. Just as the spreadsheet revolutionized financial management, the Traffic Flow Management (TFM) moderniza- tion program will transform the information available to traffic flow managers and airline operations. The new TFM database will enable secure data exchange and provide a rich platform for advanced collabo- ration and CDM tools. The successful commissioning of WAAS this year provides an unprecedented step, both in safety and in access for general aviation. Approaches with vertical guidance at several thousand runway ends are enabled and procedures work is progressing. WAAS also enables more use of RNAV for more flexible and efficient flight. Vertical guidance reduces the possibility of controlled flight into terrain (CFIT), while enabling aircraft [o land efficiently in bad weather. Enhanced situational awareness using Cockpit Display of Traffic information (CDTI) will improve safety on the airport surface and also enable more efficient ~Ite .~'."~.4IS0 Tl[lS lilf!![SlTIICtlfTe A/t!1 Safety pl'd(lYfleS.. . . ,irxfraslrua{t'.;,c.,-ina lKc-rvifl;~ lanr's r,n.~-_;, nq!'!t ~r+th y +vat,. ~ f ,.'~ ~' tri ~., :.1". M:U: L.i fJdi hUl '~( C) .OCa fi.,r;, i:'~gt:lUfdCf t; !"it ;; .'j r I1(j '. 'ld ~,'.! . ~. 'i .irp tln < tt`'y fii ri?ti, the y'-d rKii'u rar't C -3 Vlil i>~k'.Sale' - 29f Urdl p.?S, , .. ;t. .'.tcir. '!i!:=1 or nJ:~rtysc:asd,` are amt^y the di=iFiftutiQrt a 1 hthelate t Ch ~~1~ ~ t onceheardPetes DCU ~atYO4 Can . T~"'~ a (,~.1~ + 11 e students have limited m~~nent consbuanou can look °ts ~e ljjj ~1 t even o11"-t i j 1 10.1 F~~e number of sntdents fr°m plow and see where p ~e~} e~ ~ • ~o eastemP~ an~gedhome5 ~s ` .~,e~tgatfnshtuuon ~ ~~ ~nomiCallY dtsadumentto C~•4 Pent. ing, for east Kest County? met g°So,wh ~~~, is the Cen Iee 53.5 pe built ~ t dts Ken County is ourcommunity -p°t of the dent SCho°1Distnd, w~ ent for gr°~~gtelacgeh°m~ a ~e ,Mere llepotenaal~°~ ~0 eve tttaPPe~u' ind~RaYhash~rtsup~ tecentyeats,tt p°~wo d~Ve ~With~~emP ns.Thete e ~~ ter Atttonto, ust one pan of it. Butwha in u affects theme east Ken {tveYe ~ holds a doctotate~e schooi~ ~dyTha~ ~, wtth~ ~ conne~o~ to Sanro~~ b t eats what ishapp ~~ ~~t; Ina ` " ~Ytion fcomT~ A&M ~ zs b~ ec, as ~e tCVenue fro ces the mpj1eY `"~ wady inpe°P1ebuYmgpues ~uncy,e5p~a11 ~,. ~~~outthatCentetPointlS~ llowev eases ~estatetedu ~nwotkmgmSanAntonio~e~~e natives and n be raotd, Chang ' Po ~~gtobe thebest ~ i prides the dystrict. the rest of east Ken b c e There are new housing new ~hoolmthe state of Texas (5 schools and . non? ~~ ° Q gun ments going A dye. Youget a VJillthe ~~a~mpopula ble. Wealth ~ t~,, and at ~. ]evelop edbetween venas is plane, ~~' ,;, students P daughter of a Cputtty keep tion itvnll. E the attta~ed to thatPan ~ otlowet income wdl ausinesspa~~ the aupon~ ~ -~~ , °< = sense from school eaery ~~~ tobe P~°ns e time famili M~ seem ;enter Porn fmtn C° Blackburn and a ~ There is there nce and the ram mt. Healthy mdtvtduals Bill _ football e~bask~PlaYer d ~dvalues t+se, ctentto pay $te P and be dtavm to Cent ~ Center pouttbetween buy~glandin east CommunilY and colleg me suffi e ana Cpmfon ana ~rv'`ees a ed iavebeen estate usedto~a~ng~e°~nter ~e ~o nation to °g~out of ~ ~' ge to is po on Lets Co ehave herself that sheis ~mthe~CounlzY~ tevelop~rs ~~buildings in Center Point Po ~~ n~taty~Scdhooltwsbeenr>~~ ,~~ ~ ~ ~nb~le~r°td~ath0 ~ g fFted~ cksbu~uinS~°~r and than of the of sva e concur ~eetrP 27. ~p>sisman ~viiibe' anButthesCh°°lpo ~nsuP~uttende~ ~mbined~a~ op~tsotlat$ethsm~ M"~ dfotnew Verde, Pe ~~,~c~m>sw"^s« ...... uaiat~thin tw eats sa Wi-iatns, who ~e etbm~~euP tgispazuC t t35bodY ~ ~uttd Clint Pomp d CamP~ ~____,_,,,._. _.. able fu B~Williams. ue, 28 shw forth _-~-~-""""-~J~ omntissioner onthis rss and gone from pemen~limired~ 2. Now gC0'~ ~---~"'"""..~.. ~,xot °~ ~ uatY engines percent. Students wr t ar, ores that dre Prehmr done, and 7.3 percent inRaY's ~ ~ ,~_.- ~asibikty ~aebentgt6~n +he steps ~ ~ -._- t. rtan M a.tt HaMr,MS •, Tfte Aggregates Industry A strong national economy and excellent quality of life are built on a foundation of aggregates products. Aggregates touch our lives everyday, from the driveway to the workplace. We drive, sit, stand and walk on aggregates. But that is only part of this interesting and important story. Getting goods to market is paramount to economic growth. The nation's infrastructure is dependent upon aggregates -- more than ninety percent of asphalt pavement, and more than eighty percent of a concrete sidewalk, is comprised of aggregates. Without sound infrastructure, such as highways, mass transit, airports, water systems and rail, the economy could not grow. Many products fhat enrich our daily lives contain aggregates. They are found in paint, paper, plastics and glass. In powder form, aggregates are used as mineral supplements for agriculture, medicines and household products. Aggregates are also used to protect the environment by controlling soil erosion, assisting in water puriTicafion and reducing sulfur dioxide emissions generated by power plants. At the beginning of the 20th century, production of aggregates in the United States was minimal and its uses limited. Today, aggregates are produced in every state, and aggregates production tonnage ranks first in the nonfuel minerals industry. More than two billion tons of aggregates are used annually in the United States. This equals ten tons of aggregates for every American! .: !JI;.. Rv n. (J Over view n Four than FroC action Dnlling!Blasting Naulrny Crushing/Convey Stoekpdiny Loading/Weighin Ticketing I]Transportatian O' Use:. Aggregates resources are widespread and abundant in supply nationally, yet local shortages exist_Altho~gh it is better to be near urban growth areas increasing land values and local environmental concerns are movin a gregates plants away from theses markets. The nation's economy and our quality of life are built on this foundation. ,.. ZF7Q7 i~1a rt)n Marietta Materials. All tights reserved. Terms of Use S ' Edwards Aquifer Protection Plan February 6, 2004 Presented by the Greater Edwards Aquifer Alliance Endorsed by: AGUA (Aquifer Guardians in Urban Areas) Alamo Sierra Club Austin Sierra Club Hays CAN (Community Action Network) San Marcos River Foundation Save Barton Creek Association Save Our Springs Alliance Smart Growth San Antonio Sustainable Energy and Economic Development (SEED) Coalition Travis County Green Party Texas Public Interest Research Group West Texas Springs Alliance Wimberley Valley Watershed Association SZ These recommendations aze minimum requirements for long-term protection of the Edwards Aquifer. Additional measures may be needed to address particularly sensitive watersheds or circumstances, or to prevent drinking water or stream standards violations. These regulations alone, without large-scale park, preserve, easement, and open space acquisition will not ensure water protection and survival of the Edwards Aquifer. Hazardous Substances & Groundwater Contamination. Chlorinated solvents,° toxic metals,S and pesticidesb are regularly detected in the Edwards Aquifer; at times in concentrations that threaten human health and sensitive plants and animals. Sources of many of these contaminants are unknown; but these man-made, toxic and carcinogenic chemicals are found in the Aquifer because we have failed to protect it from pollution. They result from storm runoff, leaks, spills, and illegal dumping. Hazardous substances will continue to contaminate the aquifer as long as they continue to be used over sensitive portions of the aquifer. Thus, the use of hazardous materials should be restricted in the Edwards contributing and recharge zones: • Commercial use: Commercial use and storage of hazardous substances on the recharge zone and other sensitive portions of the aquifer must be prohibited. Exceptions should be made only where these substances are necessary to protect public health and safety, and only with robust precautions to protect drinking water, streams, and the aquifer. • Household use: Outdoor use of hazazdous substances must be prohibited. This prohibition would include man-made pesticides, fertilizers, and solvents like driveway cleaners. The prohibition would not include materials like paint and roofing materials normally required to maintain a house. F. Use Restrictions To prevent water pollution and unnecessary depletion of aquifer water, the following activities should be prohibited in the Edwazds rechazee and contributine zones: • Mining; • Oil pipelines; • Racetracks for motor vehicles; • Commercial pesticide manufacturing and storage; • Commercial fuel storage; • Cement plants; • Commercial feedlots; • Landfills; and ° Trichloroe[hylene; tetrachloroe[hylene; 1,2 dichloroethylene; 1,1,2,2 tetrachloroethane; vinyl chloride; dichbrobenzene; dichloroethane; chlorobenzene; trichloroethane; 1,1,1 trchloroethane; 1,1,2 trichloroethane; methylene chloride; dichloromethane. 5 Lead, mercury, arsenic. b Atrazine, diazinon. Edwards Aquifer Protection Plan 8 8/23/2006 7.•00 PM S~ ;- ~~