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ORD 05-031
ORDINANCE NO. 05-031 ENTITLED AN ORDINANCE ESTABLISHING ALL PROPERTIES WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF BEAUMONT AS A MUNICIPAL SETTING DESIGNATION AND PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THIS PROPERTY AS POTABLE WATER. WHEREAS, the City of Beaumont is a municipal corporation of the State of Texas, with a population of at least 20,000; and, WHEREAS,the public drinking water supply system that exists within the corporate limits of the City of Beaumont, satisfies the requirements of Chapter 341 of the Texas Health and Safety Code and supplies or is capable of supplying safe and sanitary drinking water to property within the city limits of the City of Beaumont and to property within one- half (Y2) mile of the property within the city limits of the City of Beaumont; and, WHEREAS, the City of Beaumont requires all property owners owning property within the city which is within 300 feet of a city sanitary sewer or water line to be connected to the city sanitary sewer or water line; and, WHEREAS, the City desires to establish within its corporate limits a municipal setting designation for all property located within the city limits and prohibit the use of designated groundwater from beneath all property within the City of Beaumont as potable water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT all property located within the corporate city limits of the City of Beaumont be established as a municipal setting designation; and, BE IT FURTHER ORDAINED that the use of designated ground water from beneath all property within the corporate limits of the City of Beaumont as potable water is hereby prohibited. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. � �I - &Y"/or Evelyn M. Lord - UJ Kathleen Hartnett White,Chairman R.B."Ralph"Marquez,Commissioner t`" ~ Larry R.Soward,Commissioner Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution February 2, 2006 Ms. Rose Ann Jones City Clerk City of Beaumont P.O. Box 3827 Beaumont TX 77704 Re: Certification of Municipal Setting Designation Application for Neches Street Property, 1110 Neches Street, Beaumont, TX (MSD Certificate 006) Dear Ms. Jones: As required by Texas Health and Safety Code §361.807(a)(2), please find an enclosed copy of the Municipal Setting Designation Certificate for the above-referenced property. The application was certified on December 7, 2005. The City of Beaumont passed an ordinance in support of this Municipal Setting Designation application on March 22, 2005 (Ordinance No. 05-031). For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of this Municipal Setting Designation Certificate. If you have any questions,please do not hesitate to contact me at 512/239-2268. Sincerely, Chet Clarke, Manager Technical Support Section Remediation Division Enclosure P.O.Box 13087 • Austin,Texas 78711-3087 512/239-1000 • Internet address:www.tceq.state.tx.us Texas Commission on Environmental Quality Municipal Setting Designation Certificate 006 As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Glenn Shankle, Executive Director of the Texas Commission on Environmental Quality certify the Municipal Setting Designation for the Neches Street Properties, LLC, 1110 Neches Street, Beaumont, the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B" provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the institutional control required by Texas Health and Safety Code §361.8065 is maintained in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this day of C'(!.f31Vdt�20r, Glenn Shankle Executive Director Texas Commission on Environmental Quality STATE OF TEXAS TRAVIS COUNTY BEFORE ME, on this the lLtay of 20j',,9, personally appeared Glenn Shankle, Executive Director of the Texas Commission on Environmental Quality, known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1G day of 20 i 'dJ Notary Public in and for the State of Texas X61®®®t9®�4M SAtcP a e •W • ®!© • G s tJi'w e L. DAVIS o ')lic,State of Texas f ® ! =ission Expires o • UARY 26,2008 0 ;'Mhout Bond i i ' o3i :g�57 wON D8 : 42 Fl..b 40o gJ3 a7�t EY.c-LL Inc• - -- �FXfIB17'A,. T rA cx 4 April 23, 1997 Legml pcscripzion: 0,6620 AcTC T ac or Parz1 of Land Noah Tevis Survey, Abstract No, 52 B Z. Imont, J erson County, Tocas BE;NG a 0.6620 ace Lract or pare-1 0:lznd si'asated;n the I1oa:n T'cvis Survey, �.b5tra.ct j.,ffcrson County, Tcs`s u'� b=nS out of end a part of Lots 359-361 and a No. SZ, al Tow=tc ofBG•-wont, Texas peg Plat as pordon of Lot 366 of Block 53, 49, D rr3s j�crs'on Caunry� -rte and bong the r�rdcd in Volume s,P:gc Z49, Did "--D ram c tract o f land 2_s co nv cYc d by Tarn cs P z tichurst, ct 23 to Leo B ab ct, Bob Mil3 nn d 1 re orded in Film Cod, 102-50-1872, O5eirl PZa>alie 3Lids of R�1 Robot L. Black�'ct, znd bc� out of and a pazl'of the c,-nc zraot of land zs Property, J� crson County, T=zs "T . S r to L Bab, 1, Bob 1�BItr and Robert L. 31ac�rwcll cozvcy:d by Carl 'JJz]d:.. r� c. retarded Ln Film Code 102-79-1925, Q —al rc�n btu v � �ash d � clws meson County, Texas Sz'd 0.6620 a�z trzc. Dc r Note: All beings Cc oajc c m tn�cl c.or l, abel,Miller 0.870 c . D'QCt � r Inc- Q-=z��a1 .cr,.d?31acXwell, Ud, recor�din ClerkF�No= 96-9617414, y ,F'ublre tZecorczsof12c:7ProperY, Jefferson Casmty, being North 85-2 5' E-zst: BEGIl4fitTI'ZG at a S18" iron rod set i-I the NoC hvrest nrnt of-may �= ofFranL�n Szrcct (bas 'on 60 foot right-of-waY width ) and at th59 f�ccrntnm a 5/B !ran 9ctad found zt South 44 dcg. 45 min. 42 saw. Wcst z dLstancc o cd b Mil. Zng-.-m the Fitt eornar of Lot 359 snd being the * , G-c�� of land as co�eYO�asl Public McGlu:k:hn tc John F *=MDcr r=ard� in�n Godc 104-34---012 1, p-=,,ords of F--21 Prc?tt--V• lcfason County. Tc�31 TEDE,TICE South 44 dcg 45 min.. 42 scc, Wc.Tt rlong sd � ha�suncb�S g�hct f Wz7 lint of said Franklin 5�---� '-nd the Southeast lint of said BI Scuthc=-°-t tints of said L-at 359 rsd ?mot 360 4 Est�n ° of s4id eft=fin S l tub the sci at the interscV'lon of the�`Iortfiv cst n�t-o.- .ray ii. - t-of-w'� width ), I�Iorihcps`�?ight-of-vray G., of N7--hcs StT=t ( based on 60 Foot n of said L.ot 360 End cr same being the South corner of sated Block 53 E,,d the South ern South carnet of sad Cact hcresn dcscibcd; 1C.L�t F. TFa-TZLEY AND irES _WC. ' 0419/97 jON 08: 43 rn.A. 9u Y! C" , — Page 3 Lcgal Description : 0.6620 Acrc Tract or Parccl of Lind Tract 4 Naafi Tevis Survcy, Abstract No. 5� B=morxr, 3c$cs5-on County, Tccus SUrvcyc3 on April 23, 1997 by Mark W. W'rutcicy, R.c,gstcx Professional Land Survcyor No. 3636. This Lcgrl dcsaiption is bcing submirtcd along with a pis.t bascd on this v u-v4y, 1 (S g Ab' Page 2 Legal Descri p lion . 2,0736 Acre Tract or Parcel of Land N oah Tevis Survey, Abstract No. 52 Beaumont, Jefferson County, Texas THENCE South 44 deg. 45 min_ 42 sec. West along and with the Northwest right-of-way line of said Franklin Strer't and the Southerst linc'of said Block 70 a distance of 300.47 feet to a 5/8" iron rod set at the interseytion of the Northeast right-of--way line of said Trinity Street and and the Northwest right-of-way line of said Franklin Street, same being the South corner of said Block 70, and the South corner of said tract herein described; THENCE North 45 deg. 11 run. 24 sec. West along a.nd with the Northeast right-of-way line of said Trinity Street and the Southwest line of said Block 70 a distance of 300.61 feet to the PI-ACE OF BEGLNN NG, containing 2.0736 Acres of land, more or less. Surveyed on April 23, 1997 by Mark W. Whitefcy, Registered Professional Land Surveyor No. 3636. Tres Legal description is being submitted along with a plat based on this survey. (See Survey Plat - Exhibit "B") Mark W. Vlhiteley, RpL,S. 3636 MSD Information: List all existing TCEQ and US Environmental Protection Agency registration, permit, identification numbers (e.g., SWR No:, VCP No., LPST ID No., UIC Registration No:, PWS ID. No.), if any, that apply to the groundwater contamination situation within the proposed MSD boundary. State"none" if none applicable. VCP No. 718 Is the proposed designated groundwater contaminated in excess of an applicable s potable waters use standard (i.e., 30 TAC 350, cwGWi„9)? O Yes O o Was the groundwater contamination previously reported to the TCEQ? O Yes, when? O No (To support implementation of HB 3030, 78'" Legislature.) 05 / /97 Is there a potable-use well within the boundary of the proposed MSD that uses the OYes6 O No designated groundwater as source water? Is there a potable-use well within the boundary of the proposed MSD that uses a deeper groundwater zone for the source water that is not properly sealed off from OYes6 O No the designated groundwater? Is the applicant aware of any non-consumptive use of the groundwater or other human health or ecological exposure pathways that are of concern? If yes, O Yes O No specify: Has each municipality and retail public utility identified in§361.8065 provided firm O Yes ON 06 commitment to adopt an ordinance or resolution in support of the application? Is a copy of the ordinance or restrictive covenant that restricts consumptive use and appropriately restricts other uses of and contact with the designated O Yes O No groundwater, and any required resolutions provided with this application? 5"Potable water' means water that is used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes [THSC §361.801(2)]. 6 Do not submit an application. I affirmatively state that(place an X in all applicable blanks): FVJ The MSD eligibility criteria of THSC §361.803 are satisfied. ✓ True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC §361.803 have been satisfied and are included with the application. ✓ A true and accurate copy of a legal description of the proposed MSD property is included with the application. ✓ Notice was provided in accordance with THSC §361.805. ✓ A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. Applicant Signature Date r Before me (Cif % the undersigned authority, on this day personally appeared Name of Notary Mr. Bob Miller ��3.r2 1�,;)��e�and signed this Municipal Setting Designation Application. Name of Applicant l —l' ✓N Sworn, subscribed and signed before me in the County of `j/V �I c./_°�e�l State of on the n— day of this month of 1 �. ; > - , 20 c — �`1pRY��B�r JO E. IKARD Notary Public,State of Texas '• c My Commission Expires Ll February 19, 2007 TCEQ-2<-0'1- Buddy Garcia,Chairman Larry R.Soward,Commissioner }^,� Bryan W.Shaw,Ph.D.,Commissioner Mark R.Vickery,P.G,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution June 2, 2009 Ms. Tina Broussard, City Clerk P.O. Box 3827 Beaumont, TX 77704 Re: Municipal Setting Designation Certification (MSD) for Eastham Forge, Inc., 930 Frankliin St., Beaumont, Jefferson County, TX; MSD No. 92 Dear Ms. Broussard: As required by TEX HEALTH & SAFETY CODE §361.807(a)(2), enclosed is a copy of the MSD dated May 20, 2009. The City of Beaumont passed a ordinance (Ordinance No. 05-031) in support of this MSD application. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of the MSD Certificate. If you have any questions, please contact me at 512/239-5872. Sincere y, Mike Frew, P.G. QA/Technical Support Section Remediation Division M F/s r Enclosure I P.O. Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • Internet address:www.tceq.state.tx.us Texas Commission on Environmental Quality w Municipal Setting Designation As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Mark R. Vickery, Executive Director of the Texas Commission on Environmental Quality certify the Municipal Setting Designation for MSD No. 92, in the City of Beaumont, the tract of land described in Exhibit "K. The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B" provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the institutional control required by Texas Health and Safety Code§361.8065 is maintained in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this Z0 day of 2009. Mark R. Vickery, P.G. Executive Director Texas Commission on Environmental Quality - Fittz & Shipman INC Consulting Engineers and Land Sur-r_wors FIELD NOTE DESCRIPTION FOR A 0.5835 ACRE TRACT OUT OF THE NOAH TEV1S SURVEY, ABSTRACT 52 TEFFERSON COUNTY,TEXAS DECEMBER 18, 2007 That certain 0.5835 acre tract out of the Noah Tevis Survey, Abstract 52, Jefferson County, Texas, and being comprised of two tracts conveyed to D. E. Johnson as recorded in Clerks File No. 2005005005 and 2006033549 of the Official Public Records of Jefferson County, Texas, said 0.5835 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the northeasterly line of a called 1,327 (Tract One) conveyed to Eastham Forge, Inc, as recorded in Clerks File No. 2006037081 of the Official Public Records of Jefferson County, Texas and a southwesterly line of the said 0.5835 acre tract having been called North 58°43'01" West 195,34 feet. BEGINNING at.a Y2" iron rod found in the south right-of-way line of Milam Street and the southeasterly line of the Beaumont Wharf& Terminal Railroad (25' wide) for the most northerly northeast corner of the said 1.327 acre tract and the most northerly west-corner of the said 0.5835 acre tract from which a %Z"iron rod found at the intersection of the said south right-of- way line of Milam Street and the west right-of-way line of Archie Street for the northeast corner of a tract conveyed to Eastham Forge, Inc. as recorded in Film code 102-31-1676 of the Real Property Records of Jefferson County, Texas bears North 81041'55" East 209.14 feet; THENCE South 63`56'08"East along the northeasterly line of the said 0.5835 acre tract and the said southeasterly line of the Beaumont Wharf&Terminal Railroad a distance of 253.21 feet (called South 83°58'00" East 251.45 feet) to a %" capped iron rod set in the said west right-of- way line of Archie Street for the northeast corner of the said 0.5835 acre tract; THENCE South 08°14'57" East along the said west right-of-way line of Archie Street and the east line of the said 0,5835 acre tract a distance of 162.32 feet (called South 40°32'00"West 157.10 feet) to a '*X" set in concrete at the intersection of the said west right-of-way line of Archie Street and the north right-of-way line of Franklin Street for the southeast comer of the said 0.5835 acre tract from which a %Z' iron rod found in the south right-of-way line of Franklin Street bears South 08°14'57" East 61.11 feet(called 61.11 feet); THENCE South 81'29'25"West along the said north right-of-way line of Franklin Street and the south line of the said 0.5835 acre tract a distance of 163.65 feet (called 163.75 feet) to a fence post found in a east line of the said 1.327 acre tract for the southwest comer of the said 0.5835 acre tract; FITTZ&SKMIMA; ING Page 1 of 2 Project No. 07205.0000 Plat&Description 1405 Cornerstone Court,- Beaumont, Texas 77706 - (409)832-7238 - fax (409) 832-7303 I,"d B9L0-9E9 awaosnq 96aoac ecfi:an an cc7 Aem THENCE along the easterly line of the said 1.327 acre tract and the westerly line of the said 0.5835 acre tract with the following courses and distances: North 08°21'25"West a distance of 107,94 feet (called North 08°27'56" West 112.14 feet-CF# 2006037081 and North 40°15'00"West 101.60 feet-Volume 1452, Page 294 Second Tract) to a 1" iron pipe found for an angle point; South 60°19'54" East a distance of 33.95 feet(called South 60 031'12" East 33.98 feet- CF#2006037081) to a 2 %2" iron pipe found for an angle point; North 31°31'11" East a distance of 122.83 feet (called North 31°31'33" East 122.73 feet- CF# 2006037081) to a 2" iron pipe found for an angle point; THENCE North 58°43'01" West along the northeasterly line of the said 1:327 acre tract and the southwesterly line of the said 0.5835 acre tract a distance of 195.32 feet (called North 58°43'01" West 195.32 feet) to the POINT OF BEGINNING and containing 0.5835 acres of land, more or less. This description is based on a survey and plat made by Fittz& Shipman, Inc. during December 2007. Walter J. Ksiaze Registered Professio Land Surve or No. 5321 .E R bi V rl1LTER i K8li4ZF_'K FITTZ&SKIPMAA; INC. Page 2 of 2 Project No. 07205.0000 P121&Description � I Z'd 89L0-9E8 ewaosn8 96ao9E) e9v:80 80 EZ APN I l ':l I:DY r:•:u� N b1ttAN, STREET POINT OF N BI.4l'5S i 209.11 - SE3114 xINC N IVf hI ,Nli S°lln. :r N G d...,: e. (J' 0.q"•'n,. dD 4r _ iC+v .J� •%I: 161^.Cl:yv ... • �1 V A:.KJ;1. I.D!•N.I r: '.(I ��- •J1 •..Ilfl% N:.N:'v.11f-I•yr a;'rrl.'.1 •'l.�l-(f: �, 'JC' l ' L 0.5835 ACRE " w cn 60'1^'54' E ]].95 ` Cxi N ryGq �B !4p .s? �y '- •' 6s S�j � � •.. � S- 163. IO�� C)•S(/R��•..\ _. __ _...."-I, � STREET 1•r,' ;�a•��'�.o J __ rL •..ra. .n 1 L FF N VUr)rI,VIY l.N.'J•%--•II•IL� tf•1:F•f '711 7;EC li. 411,W •fir u.i' u{11.•llHil f\'FS AAC I.D+a lfllt UI Ile cnf r.uq fpl'•1 YCD il.l..IN51 IC -1:f l l _ ..... ..... _ ... II( V•N(N J'i U D]r I••11 I 1 f AN1 1 ,f'/N G4 I r U C. "rl I•r ;.P.D). H •Itt"(N (C.A. I.I:ii'IN.1- •V'K!N. MA I_ [l..f t'.wrN. II I.nI 11••( I l L'IIY,+7lN4l r:.r ClTrlrl il. .n:nl _I,..V•.Nl Wnr4l:urY It.( C. •.11 C ,♦,n lluv :P_F-I A••wVl: 14-'NC'AMI I.I., >'[u: .n NC.11(.-11..W, Ir(.I.1:..•'.I.I'.:rr VI.r•r••,.nYll rnl 'i.Y f' •1:•NT Yr. .:-11'•' 11. t 1.'•.r A • JCMC C3^0 .•• •LI. "t Ir.l 'C'•I Y'H,KI.•!N!IN:I +•.1 LR!of / D:.'L:i'a'.i i 11.1 Nw',:r _...li f..—_.:VUI / ._ ....n/� e. - --- 3r!I'Cl:f"Mlr nrn•r•'Jr;:, I�!(I m, Vl'. .,'•111•Il,r'n IN.•'..w Hr!:flt: IVL'.l:•q. • 11•.n, I•+•./.___. 1 UK li . flFHQ.'CALPF]1FJIW if/CWhNISSWNE1lPPE5 A G C?c —d` yr fill w '.1!r11K.r,1•"JNtf..,'f :hlr I•.-• "f:.. (r.ln IKIi .r.v.r:yl•.r n(r•li .' :I .K..-�' 1 -_) I' _ .... l[,_ •In rlvll•' . Nf ffNl U l "1 r Jr..•I•D.rl•,•r,.; 11' l C rlCl t•II LV l N Ml" 1. Irr•F:. It w I- il'.A4'"i�(.0 •III' n .MI• IBC'1101:•rr if w.,Yll.11l Rf.t'••,.^I::]:41 1. url =LC.:H•I� : ,..HI l li.fl HnV 7.011(. II'r U r. OF TF I: Nr:;1;4`:r17 :FF5-rI IAN .aM �r n:. •,tfl Ay j.K81AZ < :( FittzShipman �a� �...�-•,1:.• • . &:Ilrnran uud Land Sun•q l rs :u• ;r=a..:'Lr_lyn _ crF!. e:.r.'.':.t:141. TC.K!.s S�/DSUH�'1 8 d 89L0 988 eweosn9 e6joeE) egti:80 80 EZ AP-IN c) each retail public utility,as defined by Texas Water Code,§13.002,that owns or operates a groundwater supply well located within five miles beyond the proposed (F)Yes ONo3 O NA'4 MSD boundaries? 3 Do not submit application. 4 NA only when no such municipality, private well owner,or retail public utility exists MSD Information: List all existing TCEQ and US Environmental Protection Agency registration, permit, identification numbers(e.g., SWR No:,VCP No., LPST ID No., UIC Registration No:, PWS ID.No.), if any,that apply to the groundwater contamination situation within the proposed MSD boundary. State"none"if none applicable. Is the proposed designated groundwater contaminated in excess of an applicable 6 potable waters use standard( ©.e., 30 TAC 350,GwGWing)? Yes o Was the groundwater contamination previously reported to the TCEQ? 0Yes,when? (To support implementation of HB 3030, 78 1h Legislature.) / / (DNo Is there a potable-use well within the boundary of the proposed MSD that uses the (�Yes6 �No designated groundwater as source water? Is there a potable-use well within the boundary of the proposed MSD that uses a deeper groundwater zone for the source water that is not properly sealed off from ®Yee (E)No the designated groundwater? Is the applicant aware of any non-consumptive use of the groundwater or other human health or ecological exposure pathways that are of concern? If yes, ®Yes (F)No specify: Has each municipality and retail public utility identified in§361.8065 provided firm (E)Yes CW commitment to adopt an ordinance or resolution in support of the application? Is a copy of the ordinance or restrictive covenant that restricts consumptive use and appropriately restricts other uses of and contact with the designated (Dyes QNo groundwater, and any required resolutions provided with this application? s"Potable water"means water that is used for irrigating crops intended for human consumption,drinking, showering, bathing, or cooking purposes[THSC§361.801(2)]. s Do not submit an application. I rmatively state that(place an X in all applicable blanks): ✓ The MSD eligibility criteria of THSC§361.803 are satisfied. ✓ True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC §361.803 have been satisfied and are included with the application. ✓ A true and accurate copy of a legal description of the proposed MSD property is included with the application. Notice was provided in accordance with THSC§361.805. ✓ A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. Ap licant Sig at e Date ^y� Before me the undersigned authority,on this day personally appeared of Notary eG- ame and signed this Municipal Setting Designation Application. Name of Applicant Sworn,§ubscribed and signed before me in the County of State of on the [ day of WDy6M3C'Q ,this month of 1JoyEMbEIZ ,20 7JANE @[SARON TCEQ-20149,tune 2007 __?. hlE State of Texas ission Expires line 12, 2010 Bryan W. Shaw, Ph.D., P.E., Chairmnin Toby Baker, Commissioner Zak Covar, Commissioner Richard A. Hyde, P.B., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution February 19, 2015 Ms. Tina Broussard, City Secretary Beaumont City Hall 8oi Main St. *125 Beaumont, Texas 77701 Re: Municipal Setting Designation Certification (MSD) for GE Corporate Environmental Programs, 1490 W Cardinal Drive, Beaumont, TX; MSD No. 264 Dear Ms. Broussard: As required by TEX HEALTH & SAFETY CODE §361.807(a)(2), enclosed is a copy of the MSD dated February 19, 2015. The City of Beaumont passed an ordinance (Ordinance No. 05-031) in support of this MSD application. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of the MSD Certificate. If you have any questions, please contact me at (512) 239-2032• Sincerer,, -`'—V Trevor Andres, Project Manager VCP-CA Section Remediation Division TA/jdm Enclosure: Copy of MSD Certificate No. 264 P.O. Box 13087 • Austin, Texas'78'711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §367..807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act) I, Beth Seaton, Director, Remediation Division, TCEQ, certify the Municipal Setting Designation (MSD) for MSD No. 264, in the City of Beaumont, for the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8o65 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.8o8, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.8o8. EXECUTED this the ` I day of , 20 `> Bet rSeaton, Director Texas Commission on Environmental Quality EXHIBIT PAGE _A- GF -�- EXHIBIT "A" Legal Description: 1.6990 Acre Tract or Parcel of Land Out of and Part of Block 116 Gladys City Oil, Gas and Manufacturing Company Subdivision Volume 1, Page 55, Map Records John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 1.6990 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of Block 116 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof, recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas and being all of that certain tract of land as described in a "Warranty Deed" from Robert S. Folsom and wife, Margaret D. Folsom to General Electric Company as recorded in Volume 2113, Page 92, Jefferson County, Texas, said 1.6990 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northeasterly line of the said General Electric Company tract as SOUTH 27°35'00" EAST as recorded in the above referenced Volume 2113, Page 92, Jefferson County, Texas. BEGINNING at an iron rod with a cap stamped "Soutex" found for the most Northerly corner of the tract herein described and being the most Easterly corner of that certain called 1.651 acre tract of land as described in a "Warranty Deed" from Jack R. Cook, Sr., Individually and as Trustee of the Shirley Hise Cook Trust, et al. to Charles K. Miller as recorded in Clerk's File No. 2005017192, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the Southwesterly right-of-way line of Hagner Road and the Northeasterly line of the said Block 116; THENCE SOUTH 27035'00" EAST, along and with the Southwesterly right-of-way line of Hagner Road and the Northeasterly line of the said Block 116, for a distance of 312.30 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for corner, said corner being the most Northerly corner of that certain called 0.374 acre tract of land as described in an "Assumption Deed" from Jimmy Gene Francis to Paul H. Leviner as recorded in Film Code No. 100-86-0360, Official Public Records of Real Property, Jefferson County, Texas, and said corner being the most Easterly corner of the said Block 116 and the most Northerly corner of Block 115 of the said Gladys City Oil, Gas and Manufacturing Company Subdivision and from said corner a "PK" nail in asphalt found for the Easterly corner of the said 0.374 acre Leviner tract bears SOUTH 27035'00" EAST a distance of 186.74, THENCE SOUTH 62018'23" WEST, along and with the boundary between the tract herein described and the said 0.374 acre Leviner tract, the same being the common line between the said Blocks 115 and 116, for a distance of 174.60 feet to a punch hole set in concrete for corner, said corner being the most Westerly corner of the said 0.374 acre Leviner tract and in the :MARK 11. WHITELEY d ASSOCIATES. INC. ExHia1_ _---- PAGE -,--'OF Northeasterly right-of-way line of U.S_ Highway 69, 96 and 287 (also known as West t'(Irtlina! Drive)(tornierly known as Loop 251 ): THENCE NORTH 70042'37" WEST, along and with the Northeasterly right-of-way line co '`1 Highway 69, 96 and 287, for a distance of 205.62 feet to an iron rod with a cap ,;ianipcu "Soutex" found for corner, said corner being the most Southerly corner of the above 1.651 acre Miller tract; THENCE NORTH 18"57'47" EAST, along and with the boundary between the tract herci described and the said 1.651 acre Miller tract, for a distance of 236.37 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for corner; THENCE NORTH 62025'00" EAST, continuing along and with the boundary between the tract herein described and the said 1.651 acre Miller tract, for a distance of 143.57 feet to the POINT OF BEGINNING and containing 1.6990 Acres, more or less. Surveyed on June 4, 2014. This legal description is being submitted along with a plat based car this survey. ("see EXHIBIT "B") T. T. tiIARK if.. WHITELEY &ASSOCIATES. INC. EXHIBIT ° A PAGE __ OF oUjc, w � jm �Z �OQ`�2 cpii3 z Z cn�2 tnQ 03 wing Z �00M40 4`�0 Z oYWOOZ 3�Z tnWpJ O� Q WM2�Ua� c`�n k=uj oZ�j aww w xc� wo 4 zpujC, C, QW2 Q W Ln w UiLQ�QOwp cnm2 O q z V F W W ~�042 O- c� oLai e" ti � tioLo --Z 33Z z w3cp'��Z v�"i'W4Z Z Z CL j U pcx wmti ack� >.:a o a?poo atn - + yw�Ln IV)QV)gZ3Zj 11- ��'�w��_j Zz 3 f= U f= -Lo ap UaOmWNW�W wtOi>>"Z ?232�,WL�pmtn Cc mir- car W N 0 oz3�pZ U_z-,,: z ao O J Z 0 ��_j �z 30 rnL �O a o q �� o J X O(p O U CZF=� 0 0 ° a� o iCD 0 o 0 0� c Tyco U •N - l > Q ., ¢ ° U �' c c c o 0 rno �aE e c0000a.Co S— aQa� C�v �dr s) �4E'9cz j"1llp,1l5o9TN aNg (, l Z'9£Z 3, 00, 90.61 N 11V)) N W�2 Q� U U U 0 Lo� � N w to r.� o O^ zz 0 J 2J 0 W 0 F; J s p Oi pPvi k O > O EyZ�D LOw� �q ��r�UzWF ?. W 0 E- E- � E- E- U ' � E- O �DU o� rnaz�d cc x W e w M Exhibit B Municipal Setting Designation Affidavit of Eligibility BEF RE ME, the undersigned authority, on this day personally appeared as an authorized representative of known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) 7 The MSD eligibility criteria of THSC Section 361.803 are satisfied. True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. A true and accurate copy of a legal description of the proposed MSD property is included with the application. Notice has been provided in accordance with THSC 361.8o5. 0 A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. Date: Signature Printed Name rb vo (I z C MCI Title STATE OF-c� COUNTYOF _ SUBSCR ED AND SWORN before me on this the day of �TL� tires 201q, to whicTitnes my and apd se 1 Q f office. Notary Public in and for the State of PAMELA ANN DA SA YA WTARYPUBM SSIONAugust 2011 'TCEQ 20149 MYCOMMIEXPIRESAPItlL14,M7 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTINGS DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Beth Seaton, Director, Remediation Division, TCEQ, certify the Municipal Setting Designation (MSD) for MSD No. 302, in the City of Beaumont, for the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8o65 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this the � day of3U"�20 Beth Seaton, Director Remediation Division Texas Commission on Environmental Quality ®®mom Items Corresponding to Schedule B FI-01 Z OF FO.—FO t -I FLOOD NOTE; Items Corresponding to Schedule B Cont. 0-- tOr I E 74 I LEGAL DESCRIPTION �115 DFSC-1— —R— P�p� _ZT , 2— Legend of Symbols & Abbreviations El - I utility Contacts MOM it ........... EXHIBIT - A PAGE t OF � I Utility Notes 1 UNt -=E OF U Statement of Encroachments I Miscellaneous Notes 1 2 0.. .1 Ag.' OF — C— MNI = -E .1 fI.00' — —pl— .0 � rX, I —0 — UFF- I.EK —E MNS FFE U11D . A .1. —IE Q, 0. UZ::U.-_%U.E Al OF F.1 OF ALTA/ACSM Land Title Survey Westmont Project 1F.- --d & D.I.. .2- 1'. ....... . ... She t I of 3 z q Trgat 1 I---�1--�---�f y N DPID ]0 W 3JR.IJ m I W, n. l.rw bRl I I R I � I �' tit •dr EXHIBIT „ /1 PAGE _a OF ar ' II- ..h Legend of Symbols & Abbreviations 1 .................... ............... $-� - > .o. o�Fwe 'Y i in1A ry itii' I # I 1 I SCALE 1' - 40' V ;M LAND TITLE SURVEY PREP M FOR: Westmont Project F ...mD9 '. m mod, y�9A / / a / = oo t lot w ® 'k Prutzman Road (Public 60'�R/A) EXHIBIT __ PAGE. S OF 7 Legend of Symbols &Abbreviations eke i=_ ° .L._ mod• SCALE: 1 • - 40' ALTAIACSM LAND TITLE{300900183 SI P MM FOR: „ W-s monl Project MTE: 6-/7-08 NETWCRIt PNCJECT No. EXHIBIT " Fi PAGE EXHIBIT "A" PROPERTY DESCRIPTION TRACT I: 8.902 acres of land, more or less, out of Lot 6, Block "C" of the T. H. Langham Subdivision located along the East side of Dowlen Road North of the abandoned Missouri -Pacific Railroad Right-of-way in the H. Williams League, Abstract 56, City of Beaumont, Jefferson County, and being more particularly described by metes and bounds, as follows, to -wit: BEGINNING at a "1/2" iron pin for the Southwest corner of the herein described tract of hand, said iron pin lies North 0° 10 minutes 30 seconds East a distance of 359.51 feet from a "1/2" rebar which marks the intersection of the Northwesterly line of the abandoned Missouri -Pacific Railroad Company, 50 foot wide Right-of-way with the Easterly line of Dowlen Road a 100 foot wide Right-of-way; THENCE along the first course and along the easterly line of Dowlen Road and the westerly line of the herein described tract North 0° 10 minutes 30 seconds East for a distance of 430.00 feet to a point for the northwest corner of the herein described tract; THENCE South 89' 49 minutes 30 seconds East for a distance of 730.00 feet to a point for the Northeast corner, said corner being in the centerline of a 60 foot right-of-way of Plaza Drive when extended northward; THENCE South 00' 10 minutes 30 seconds West along the centerline of the proposed extension of Plaza Drive for a distance of 225.94 feet to the point of curve of a curve bearing to the left; THENCE continuing along said centerline and along the are of said curve to the left having a radius of 175.00 feet a central angle of 251 50 minutes, and a tangent distance of 40.13 feet for an arc distance of 78.90 feet to the point of tangency of said curve; THENCE continuing along the centerline of proposed Plaza Drive South 250 39 minutes 30 seconds East for a distance of 112.89 feet to the Southeast corner of the herein described tract, said corner being in the Northwesterly abandoned right-of-way line of the Missouri -Pacific Railroad Company; THENCE South 64' 20 minutes 30 seconds West along the Northwesterly abandoned Right-of- way line of the Missouri -Pacific Railroad Company for a distance of 885.15 feet to a "1/2" iron rebar also marks the intersection of the Northwest line of the abandoned Missouri -Pacific Railroad Company 50 foot wide Right-of-way with the Easterly line of Dowlen road a 100 foot wide Right-of-way; THENCE along the Easterly line of Dowlen Road and the Westerly line of the herein described tract North 00' 10 minutes 30 seconds East for a distance of 27.78 feet to a point for a comer of the herein described tract; Exhibit "A" — Page 1 of 4 L1LegaT0isyosiuom\Loc. Wsimom . 104NMsinglDW of Sale and Assign= (WcMwn1).doc EXHIBIT _.____. PAGE _S_ OF ::�— THENCE North 64' 20 minutes 30 seconds East along a line 25 feet distance Northwesterly from and parallel to the Northwesterly line of 50 foot wide abandoned Right-of-way of the Missouri -Pacific Railroad Company for a distance of 264.94 feet to a corner; THENCE North 00010 minutes 30 seconds East along aline 238.47 feet distant from and parallel to the Easterly Right-of-way line of the Dowlen Road for a distance of 216.28 feet to a point for corner; THENCE North 890 49 minutes 30 seconds West for a distance of 238.47 feet to the PLACE OF BEGINNING, (which tract is also herein called "Tract I"). SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND: All that certain tract of land being approximately 0.816 acres out of Lot 6, Block "C" of. the T. H. Langham Subdivision located along the East side of Dowlen Road, North of the abandoned Missouri -Pacific Railroad right-of-way in the H. Williams League, Abstract 56, City of Beaumont, Jefferson County, Texas, the said tract being more fully bounded and described as follows: BEGINNING at a "1/2" rebar for the Southwest comer of the herein described tract of land said iron rebar also- marks the intersection of the Northwesterly line of the abandoned Missouri - Pacific Railroad Company 50 foot wide right-of-way with the Easterly line of Dowlen Road, a 100 foot wide right-of-way; THENCE along the first course and along the Easterly line of Dowlen Road and the Westerly line of the herein described tract North 001 10' 30" East for a distance of 27.78 feet to a point for the herein described tract; THENCE North 640 20' 30" East along a line 25 feet distant Northwesterly from and parallel to the Northwesterly line of 50 foot wide abandoned right -of -Way of the Missouri -Pacific Railroad Company for a distance of 264.94 feet to a comer; THENCE North 0011 10' 30" East along a line 238.47 feet distant from and parallel to the Easterly right-of-way line of the Dowlen Road for a distance of 27.78 feet to a point for corner; THENCE North 64" 20' 30" East along a line 50 feet wide abandoned right-of-way of the Missouri -Pacific Railroad Company for a distance of 595.99 feet to Northeast comer of this tract of land, said point also lies in the centerline of the 60 foot right-of-way of the proposed northward extension of Plaza Drive; THENCE South 250 39' 30 East along the centerline of the 60 foot right-of-way of the proposed Plaza Drive for a distance of 50 feet to the Southeasterly corner of the herein described tract of land, said corner lies in the Northwesterly abandoned right-of-way line of the Missouri -Pacific Railroad Company; Exhibit "A" — Page 2 of 4 LALtga10ispo0ionWxc.Westmont-104%gasing%Bi11 of5ale and Assipmem(WC=Cnt).d0C — EXHIBIT " A PACE U OF -3, THENCE South 64' 20' 30" West along the Northwesterly abandoned right-of-way line of the Missouri -Pacific Railroad Company for a distance of 885,15 feet to the PLACE OF BEGINNING. ' TRACT II: 3.451 acres of land, more or less, being Lot 2, Lot 3 and part of Lot 1, Block 2, WESTGATE CITY, UNIT 1, plat of which appears in Volume 10, page 170 Map Records of Jefferson County, Texas, said tract being located in the H. Williams League, Abstract 56, Beaumont, Jefferson County, Texas and being more particularly described by metes and bounds, as follows, to -wit; BEGINNING at a concrete monument which marks a point of intersection of the Southeast line of the abandoned Missouri -Pacific Railroad Company's 50 foot wide right-of-way with the West line of Plaza Drive, an 87 foot wide right-of-way; THENCE with a West line of Plaza Drive South 25' 39 minutes 30 seconds East for a distance of 25 feet to a concrete monument at the point of curvature of a curve to the right; THENCE along the arc of a curve to the right having a central angle of 21' 54 minutes 25 seconds, tangent distance of 39.96 feet, and a radius of 206.50 feet, for an arc distance of 78.95 feet to a concrete monument for comer at the point of tangency of said curve; THENCE South 3° 45 minutes 05 seconds East for a distance of 69.29 feet to a point for corner, said corner being the most Northeast corner of Texaco, Inc, 0.540 acre tract; THENCE South 70' 25 minutes 36 seconds West along the Northerly line of Texaco, Inc. tract for a distance of 158.4 feet to a point for comer in the West line of Lot 1, and the East line of Lot 2, Block 2, Westgate City, Unit I; THENCE with the common lot line between Lot 1 and Lot 2, Block 2, Westgate City Unit 1 and along the West line of Texaco, Ine.'s 0.540 acre tract South 01 ° 39 minutes 30 seconds East for a distance of 150.00 feet to a point for corner in the North line of Calder Road and the South line of Block 2; THENCE with the North line of Calder Road and the South line of Block 2, South 71 ° 33 minutes 30 seconds West fora distance of 112.81 feet to a concrete monument at the intersection of the North line of Calder Road with North line of Dowlen Road; THENCE South 891 42 minutes 00 seconds West along the North line of Dowlen Road for a distance of 519.27 feet to a concrete monument for corner; THENCE North 50' 40 minutes 30 seconds West along the Northeasterly line of Dowlen Road for a distance of 55.19 feet to a concrete monument for the most Westerly Northwest comer of Block 2, Westgate City, Unit 1, said monument being located at the point of intersection of the Exhibit "A" — Page 3 of 4 L:Vl gLMispositiomU_ .Wcstmoa.104\Clasiug\BU1 of Sale" Assigomeat(Wetm=),&c EXHIBIT " A " PAGE -_ OF 7— Northeasterly line of Dowlen Road with the Southeasterly line of aforesaid Missouri -Pacific Railroad Company's abandoned 50 foot wide right-of-way; THENCE with the Southeasterly line of said'Missouri-Pacific Railroad Company's abandoned right-of-way North 640 20 minutes 30 seconds East for a distance of 863.85 feet to the PLACE OF BEGINNING, (which tract is also herein called "Tract II") Exhibit "A" — Page 4 of 4 L:V—gB1 DibWsrtiow\Loc. Westmom • 104\Closinoid olSa)e end Asdgnmmt (WestmonQ.doc EXHIBIT PAGE IOF 1 Exhibit B Municipal Setting Designation Affidavit of Eligibility BEFORE ME, the undersigned authority, on this day personally appeared Charles Gurney , as an authorized representative of Weingarten Realty Investors, LLC , known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) FX The MSD eligibility criteria of THSC Section 361.803 are satisfied. Q True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. 0 A true and accurate copy of a legal description of the proposed MSD property is included with the application. 7 Notice has been provided in accordance with THSC 361.805. ❑X A copy of an ordinance or restrictive covenant and any required resolutions are ,provided in this application or will be provided before the executive director ifies is applicatio X. Date: <gnature Charles Gurney Printed Name Director Environmental Management Title STATE OF e Mil S COUNTY OF Q r r i S UBSCRIBED AND SWORN before me on this the 2-(.P day of AWA�+ to which witne m and arA seal of office. 20 1� , yV A .,,/ / /, K WEDEL Notary Public, State of Tex My Commission Expires October 03, 2016 Public in and for the State of August toil Bryan W. Shaw, Ph.D., P.E., Chairman OF Toby Baker, Commissioner cv �cn x Jon Niermann, Commissioner Stephanie Bergeron Perdue, Interim Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas UY Reducing and Preventing Pollution July 17, 2018 Ms. Tina Broussard, TRMC, City Clerk City of Beaumont 801 Main Street, Ste. 125 Beaumont, Texas 77701 Re: Municipal Setting Designation (MSD) Certificate for City of Beaumont, 320 College Street, Beaumont, Jefferson County, TX; MSD No. 318; Customer No. CN600130439; Regulated Entity No. RN109123018 Dear Ms. Broussard: As required by Texas Health & Safety Code §361.807(a)(2), enclosed is a copy of the MSD certificate dated July 10, 2018. The City of Beaumont passed an ordinance (Ordinance No. 05-031),in support of this MSD application. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of. the MSD Certificate. - -- - - — - - -- - - — If you have any questions, please contact me at (512) 239-2238 or via e-mail (aaron.correll@tceq.texas. gov). Sincerely, lk'L_� Aaron Correll, P.G., Project Manager VCP-CA Section . Remediation Division AC/j dm Enclosure: Copy of MSD Certificate No. 318 P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed on recycled paper 't, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Maria Lebron, Assistant Director, Remediation Division, TCEQ certify the Municipal Setting Designation (MSD) for MSD No. 318, in the City of Beaumont, for the tract of land described in Exhibit "A". The'eligibility requirements. of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8065 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. J EXECUTED this the 10 day of J "��' , 20' Maria Lebron, Assistant Director Remediation Division Texas Commission on Environmental Quality V W 617 120• Scale: 1'=60• Legend 6 Power Pole — Guy Anchor a Ught Pole ew Water Meter 6 Manhole .0 Drain Intel ® Phone Pedestal Power Una Sign m Telephone Junction Box m Electrical Junction Box Farad SW iron Rod Fdmd PK Nap br dre North caner of for the North comer of Lot 302• Block 46 Lot 401. Block 56 of of the Original the Orlginel Townstte TowrrAe of cc\\of DeamRor t 346'OSY1'W 361.3r easunernt 4 _ Y 401 Deha=53e26'40" 56 I Radius=127.74' Arc=119.15' > Flood Zone Chord=N08e13'29" W In accordance with the Federal Emergency 114.88' Management A.gancy. Flood Insurance Rate Mew: Community No. 455W PmNe: 0020 c E N46e0PROW5 11"E E Date of FM4.- August 5. 2002 .7 ,lpr_ Forsythe Street Found PK Na0/ mtlt•rye nmmwe,daw.� Nalloomer stock eD 6T I I I I tali i � I coN�� eL 1 I ! 189 ®1 'g, �p 1 191 ! 1 102 1 193 r '�( qe'� (061 Fag" I I �446r C, I I —1150 —_j — --L 194AeaRed EM%LLC 39 195 CU M% F9.e20,DD15955 150' o.vAAC. —r--L--t----- I Delta=18e43'17 " 184 ! 1 Radiu"16.3T! I ! A rc=70.70' 168 1 167 ! 1e6 Chord=N09e05'4VE t 1 70.381 1 I ! 1e4 Nap `,CJ1 yd n�f/ Step ;Na9'../t wmmmb,l 7 DrtrevnuNuetar l4051 /, � oYatt..wmne sor —N48•o5'11�-180.80' a � r• ch Mark Set in Brick .7'^ I yolun�p.R t'� ! 1n !1. Rod178 t79 .! 1t10 4,, wlCJap tlydB.—,.M alY.FEI—mvd i Conadte t,emped Cleft Fee a 95ve7e crow moon 714 • T - 1VORTEC1t or.ruc, a �ahmmcR.�eead. .PsrNnt9 Let. 361-6 C.— Punch Mark set In &kit s property pea In zone W. zone 7t' ere areas determined to be outside of the 500•Yem gaud 60' �I'$'F I — t••- ~ IThis a platrn. Location m map determined by tcide on maw. Achrd acid elevation not N delemned. WORTEGH Lend op,n.r.a : ' t•f ry Surveyors, Ike• does not warrant nor eubsaft to the accuracy or seals Punch Me 38 �j of oak maps. set In 1B2• Notes l« in ,So• ae.ewhwd Faeeee17e00 tDP .C. ' �+ 1, pat beadngs era based urpm the Tom Coordblele system of 1993, � a n 60- South Central 2 •4204• (115 Survey fool). A0 distances and acreages are surface With a combined ectusMrerd factor of 1.00007 append I _ ceyae..werm 2.14"Acres I Bouery and Immve pmesurveyevay odno y, eatemerds, If a, t . . oPtAr. 93411.5 Square Feet I aBoundary°MfI researched or shown with the exception of ease platted. g T � 1 a 176 .I 175 174 .1 173 .1 172 3. This —ywas performed for the beneet of era City of Goeu orR 8 V ! I aye aenrarl 1 I� 'Z ! Set Cie" 4. Title ownership of this parcel unknown, No deed or do,annents wlealp� orAJ PO frwnd that may convey tnie to the Cfty of Beaumont I I I I punch Mark 'WORIECH ! I Sol in Brick Punch Medk suRv�YORs' 611't Sir Set In Brkk , .rob No., 2014-090 _ — _ _ _ _QolleQe Street I — F1tkl Soak: • 676173-77 Drar. KLK !. [� Data: I 10 M0114 8 Rev. No.: I 1 - Update Caner flctaa ■once t1u WIP rW ttsrwe d nORreCM lmd a—qn km m9edtl hmtln m pnAepea, mr21p15tl etl FMerd adr br the va a n MIrWtl v chip ta„eron evr P, waA rm p n b v�dmbod Sul an d• rolrp eq v note.d.rp,b h9.vbP gocher.rt0Wau —.4. carrel M won= lbd tDUN)or., Irv_ b n.wOM�,d�M4�wrpr•mpp..abob4 vmxmaf lsd E.m.lvr, hies nut W tub -P*4 mr dmupw v Yp.11rM mt�e awn rYA ufY4q�.d hm• rates brrmodtdltn Wp/rlpMa7H. N rbtAr re,.wrd. V v ' gjU it A. C fL SUIVeYOi'S Cerhticatlon �—�does�—Puy that ids --y plat substern ally wmp%s with the a.ft T— Society of Pmfeaelonal Sury M SterMarde and Specified . for a Category 1 % Urban Condift II survey made under my direct auperWbn on September 9, 2014. end to being submitted a" with the Surveyors field note dasaiption of the property Shown Maroon. which Bea M Je&ason Caehq, Tema, Led OF ,`4•,��01h1:TV F•F dJ.•'Q' K FdIP RICHARD L WOMMEY !9-: 49641 pRds�li3OQ. Tas dDourun! tot valid wMmut otghid seal ad eigoehte dpaeon caHyig _ o PAGE _'�)__ OF `/V;PRTECH Aemp,6 ffiaNWmftd&A;eat_saft0Wtaesil &Mds&kftsaft&WadTLMOW LAND SURVEYORS, INC. Toms Board ofproksdoneltMsurveov Rn0 Re0lsbaban Nod 1010%00 October 1, 2014 Surveyor's Field Note Description: 2.1444 Acre Tract BEING a 2.1444 acre tract of land, out of and a part of Lots 172 th183 in Block 38, and a portion of Lot 184 in Block 39 of the Original Townsite is of Beaumont, more fully described and recorded in Volume 448, Page 249 of the Deed Records of.Jefterson County, Tessa Said 2.1444 acre tract being situated in the Noah Tevis Survey, Abstract No. 62 in Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 1-inch Iron Pipe found for the common North corner of Lot 160 and Lot East corner of Lot 171, Block 97 of said Original Townsite of Beaumont, same being in the Southwest line of Pearl Street (61.11 feet wide public right•of--way); THENCE North 43 deg. 69 min. 17 sea West along and with the Northeast line of said Block 37, same being the Southwest line of said Pearl Street and crossing College Street (variable width public right-of-way), a distance of 241.11 feet to a punch mark -in brick set at the intersection of the Northwest line of said College Street and Southwest line of said Pearl Street, same being the East corner of said Lot 172, Block 38 and PLACE OF BEGINNING of the herein described tract; THENCE South 46 deg. 08 min. 10 sea West along and with the Northwest line of Said College Street, same being the Southeast line of said Block 38, a distance of 179.94 feet to a 6/8-inch iron rod with cap stamped "WORTECH SURVEYORS" set for an angle corner; THENCE South 60 deg. 18 min. 04 sea West continuing along and with the Northwest line of said College Street, a distance of 120.34 feet to a punch mark in brick set for corner in the Southwest line of said Lot 176, Block 38, same being the Northeast line of Orleans Street (61.11 feet wide public right-of-way); THENCE North 43 deg. 69 min. 17 sec. West along and with the Northeast line of said Orleans Street, same being the Southwest line of said Block 38, a distance of 171.06 feet to a punch mark in. brick set for the West corner of said Lot 182, Block 38, same being an Ell corner of the herein described tract and being a point of transition from said Orleans Street to Wall Street (60-feet wide public right-of-way); THENCE North 46 deg. 06 min. 11 sea East along and with the Southeast line of said Wall Street, same being a Northwest line of said Lot 182, a distance of 1.49 feet to a 6/8-inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the beginning of a non - tangent curve to the right; THENCE along and with an East line of Said Wall Street and non -tangent curve to the right, having a central angle of 63 deg. 26 min. 40 sea, a radius of 127.74 feet, a chord hearing of North 08 deg. 13 min. 29 sea West, a chord distance of 114.88 feet and an are length of 119.16 feet to a punch mark in brick set for corner, THENCE North 18 deg. 29 min. 60 sea East continuing along and with an East line of said Wall Street, a distance of 197.86 feet to a point for corner at the beginning of a non -tangent curve to the left; corporate office: 1480 Comersmne Court Beaumont, Twins 77706 Tel: 409.866.9769 Fax; 409.866.7075, City of Beamnont WIPIRTE CH 2.1444 Acre Tract LAND SURVEYORS, INC. October 10, 2014 Page 2 THENCE continuing along and with an East line of said Wall Street and said non -tangent curve to the left, having a central angle of 18 deg. 43 min. 17 sea, a radius of 216.87 feet, a chord bearing of North 09 deg. 06 min. 43 sec. East, a chord length of 70.38 feet and an are length of 70.70 feet to a punch mark in brick set for corner in the Northeast lime of said Lot 184, Block 89, same being the Southwest line of said Pearl Street; THENCE South 43 deg. 69 min. 17 sea East along and with the Southwest line of said Pearl Street, same being the Northeast line of said Lot 184, Block 39 and said Block 38, a distance of 407.11 feet to the PLACE OF BEGINNING, containing 2.1444 acres (93,411.6 square feet) of land, more or less (This description is based upon a survey made on the ground under my direct supervision on September 11, 2014 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Tema Coordinate System of 1983, South Central Zone 14204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied) Pt o0rE�F� g feE �9Fp.9� RIC M L WORTHEY F... !'904964 pif? Registered Professional Land Surveyor 9'1 SUR�AO 2014-090 Revision 1 Desc City of Beaumont EXHIBIT " 6 PAGE _ j OF_ I Exhibit B Municipal Setting Designation Affidavit of Eligibility BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes , as an authorized representative of City of Beaumont Texas , known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) OX The MSD eligibility criteria of THSC Section 361.803 are satisfied. (caveated by explanation next page) 0 True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. 0 A true and accurate copy of a legal description of the proposed MSD property is included with the application. (by the applicant or by the Q Notice has been provided in accordance with THSC_361.805. retained contractor on behalf of the applicant) Q A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. Date. 2- Signature Kyle Hayes Printed Name City Manager Title STATE OF Texas COUNTY OF Jefferson SUBSCRIBED AND SWORN before me on this the 0q,-', day of JCL 20L ,.to which witness my hand and seal of office. �, ipt MYn� ANGELA VAHIE THOMAS Notary Public in and for the State of 7E X Q J My Commission Expires 0149December 7, 2016 August 2011 f pr 7F.h Bryan W. Shaw, Ph.D., P.E., Chairman ��PTB OFF Toby Baker, Commissioner x Jon Niermann, Commissioner G, Stephanie Bergeron Perdue, Interim Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution July 23, 2018 Ms. Tina Broussard, City Secretary City of Beaumont 801 Main St., Ste# 125 Beaumont, Texas 77701 Re: Municipal Setting Designation (MSD) Certificate for Entergy Texas, Inc., Liberty Pearl Complex;.,285 Liberty Street, Beaumont, Jefferson County, TX; MSD No. 374; Customer No. CN603282054; Regulated Entity No. RN102047032; LPST No. 120132 Dear Ms. Broussard: As required by Texas Health & Safety Code §361.807(a)(2), enclosed is a copy of the MSD Certificate dated July 18, 2018. The City of Beaumont passed an ordinance (Ordinance No. 05- 031) in support of this MSD application. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of the MSD Certificate. If you have any questions, please contact meat (512) 239-2155 or via e-mail . (christina. scanlon@tceq. texas.gov). Sincere , Chri tina Scanlon, Project Manager VCP-CA Section Remediation Division CRS/j dm Enclosure: Copy of MSD Certificate No. 374 P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed on recycled paper TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Beth Seaton, Director, Remediation Division, TCEQ certify the Municipal Setting Designation (MSD) for MSD No. 374, in the City of Beaumont, for the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8065 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this the u day of , 20 0 U. Beth baton, Director Remediation Division Texas Commission on Environmental Quality EXHIBIT - A " 1 s PREPARED FOR: ENTERGY TEXAS. INC. 6' Wide Alleyway Main Street Agreement Subject PropertyLat. N30'05'05.77" V 55, P 601, 1 Lot. N30'05'07.10" (61.11' R.O.W.) DRJCT Owned by Long: W94'05'56.33" Long: W94'05'54.97' Entergy Texas, Inc. Apparent 3' (formerly Alleyway Remainder Gulf States Utilities) ® in S 44'00'-- E 180.00' e 0 Ed et of Concrete (Called 180) Vesting Deeds: g M m Fence Footing T1: V 991, P 465 ® o\ Lo c S m o DRJCT Y °' rn (0 E o U j Tract 4 0 ^ q2 m m o a T2: V 1954, P 176 c Lots 105-106 \ x o p DRJCT v N \ o U_ T3: V 991, P 212 Handicap" "Handicap" o 0 0 9' DRJCT 4 Lot 106 -�,a 117.06' Lot 105 N J oo a o ^\ (Call 117') T4: CF 940774 OPRJCT Asphalt Parking Lot N m `o ^ o �E'` Scribed o "X" \ J . CO 51981 O J\ J ® Ad o` o Gate e :� NOJ \ ` U \ \Lu Scale: 1" = 50' a o rn N ,� Subject Property Lot 10a 1.199 Acres Lot 107 "� o Being all of Lots 102-108 0 to out of Block 6 of --- ---- -- ----------------- the Original Town of Beaumont m N o ei Lot 104 448_P 249, DRJCT E V o 3 �— Lot 103 (Tracts 1-4) I M m 3 1 Liberty Pearl Building k Of A.o tox U 0 •F' 285 Liberty Avenue o. o o a Beaumont, Texas a h m ci Tract 1 � � � o � Gate I� 120'X132' o - ud Lot 103 J to o Lot 102 ° o Fire Escape 3 " Stairwell u v • Point for Corner 1 0 Utility Pole x( Light Pole �aA ® Manhole or Lid l� (Called 180) N 44'00'13' W 180.00' Fire Hydrant e Walk Canopy Electric Box D4 Water Valve POB Bldg. Comer Lat N30'05'03.79' Lot: N30'05'05.12' Pearl Street (61.11' R.O.W.) Long: W94'0557.53' Sign Long: W94'05'58.89" DESCRIPTION OF SERVICES REQUESTED: PLAT OF SURVEY ON A PROPOSED MUNICIPAL SETTING DESIGNATION SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BETJEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION, SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS, AS OF July 07, 2017 THE ABOVE TRACT BEING LOCATED AT 201 & 285 LIBERTY STREET AND 341 PEARL STREET, BEAUMONT. TX 77701 GENERAL NOTES: THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND NOT ALL EASEMENTS OR ABANDONMENTS. IF ANY, ARE SHOWN. A FIELD NOTE DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (NAD83), SOUTH CENTRAL ZONE 4854570020 C IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY -PANEL NO. DATED 08-06-02, THIS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE ACTUAL FIELD ELEVATION NOT DETERMINED. UNLESS REQUESTED. FITTZ & SHIPMAN. INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A.) X T.B.P.E FIRM #1160 • T.X.-S. FIRM #ID018E REVISION DATE OF L LEE BRAC/KIN REGISTEh N REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5163 .... .. _ .. _ DATE: 7-7-17 Fittzu,"AShipman FIELD INC. BOOK NO.:AS2017288 Cons bWftiia=-dLandSmveyma JOB NO.: 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 FIttz & Shipman EXHIBIT - A PAGE Z OF' — Ronald D. Fittz P.E, R.P.LS. (1948-1987) Terry G. Shipman, P.E, Senior Consultant Billy J. Smith, Jr., President Daniel A. Dotson, P.E., Vice President EXIMIT "A" (Page 2 of 2) Municipal Setting Designation Legal Description July 7, 2017 Consulting Engineers and Land Surveyors Donald R. King, P.E Bernardino D. Tristan, P.E Jason R. Davis, P.E Mitchell L Brackin, R.P.LS. BEING a 1.199 acre tract of land lying in the N. TEVIS SURVEY, Abstract No. 52, in Jefferson County, Texas, being all of that tract of land described in an instrument to Gulf State Utilities Company of record in Volume 991 on Page 465 (hereinafter referred to as "Tract 1") of the Deed Records of Jefferson County, Texas, all of that certain tract described in an instrument to Gulf States Utilities Company of record in Volume 1954 on Page 176 (hereinafter referred to as "Tract 2") of said Deed Records, all of that certain tract'of land described in an instrument to Gulf States Utilities Company of record in Volume 991 on Page 212 of said Deed Records (hereinafter referred to as "Tract 3"), all of that certain tract of land described in an instrument to Gulf States Utilities Company of record in County Clerk's File No. 940774 (hereinafter referred to as "Tract 4") of the Official Public Records of Jefferson County, Texas, and being all of Lots 102-108 in Block 16 of the Original Town of Beaumont, a subdivision of record in Volume 448 on Page 249 of said Deed Records, said 1.199 acres being more particularly described as follows: All bearings are based on the Texas State Plane Coordinate System OUD83), South Central Zone. For the purpose of this description, all directional calls assume Liberty Avenue is running North and South. BEGINNING at a building comer found at the Northeast intersection of Liberty Avenue (based on a 61.11' right -of --way) and Pearl Street (based on a 61.11' right-of-way) for the Southwest corner of Tract 1 and the Southwest corner of Lot 102, being the,Southwest comer of the herein described tract'(Latitude: N 30005'05.12", Longitude: W 94°05'58.89"); THENCE North 45°55'44" East along the East right-of-way line of Liberty Avenue, the West line of Tracts 1, 3 & 4, the West line of Lots 102 to 106 and the West line of the herein described tract a distance of 300.20 feet (called 300 feet) to a point in the edge of a concrete fence footing, for the Southeast intersection of Liberty Avenue and Main Street (based on a 61.11' right-of-way), the Northwest corner of Tract 4 and the Northwest comer of Lot 106, being the Northwest comer of the herein described tract (Latitude: N 30005'07.10", Longitude: W 94°05'56.33"); THENCE South 44°00'13" East along the South right-of-way line of Main Street, the North line of Tracts 3,& 4, the North line of Lots 106 & 108 and the North line of the herein described tract, passing a building corner at 174.2 feet, and continuing for a total distance of 180.00 feet (called 180 feet) to a point for the Northeast corner of Tract 3 and the Northeast comer of Lot 108, being the Northeast comer of the herein described tract (Latitude: N 30°05'05.77", W 94°05'54.9T'); THENCE South 45°55'44" West along the East line of Tracts 2 & 3, the East line of Lots 107 & 108 and the East line of the herein described tract a distance of 300.20 feet (called 300 feet) to a point in the North right-of-way line of Pearl Street for the Southeast comer of Tract 2 and the Southeast comer of Lot 107, being the Southeast corner of the herein described tract (Latitude: N 30°05'03.79", Longitude: W 94°05'57.53"); THENCE North 44a00'13" West along the North line of Pearl Street, the South line of Tracts 1 & 2, the South line of Lots 102 & 107 and the South line of the herein described tract, passing a building corner at 5.8 feet, and continuing for a total distance of 180.00 feet (called 180 feet) to the POINT AND PLACE OF BEGINNING, containing 1.199 acres of land, more or less. A Plat of even date accompanies this Field Note Description. 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303 Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 200186 a EXHIBIT " PAGE I OF ! Exhibit B Municipal Setting Designation Affidavit of Eligibility BEFORE ME, the undersigned authority, on this day personally appeared Pat' CG.. G-'- (- i , as an authorized representative of 9 � t � r C. S z n C . known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) The MSD eligibility criteria of THSC Section 361.803 are satisfied. Q True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. Q A true and accurate copy of a legal description of the proposed MSD property is included with the application. --0- Notice-has-been-provided-in-accordance-with-THSC 361.8Q5. -- ---- - - -- FXJ A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. Signature Printed Name Title 6 Date: t✓ / r STATE OF �� L 4RL A.,. )' SCRI ED AND SWO�M before me on this the day of 20to whiclj'" it` bss m iand and seal of office., 1gota- aPublic in a(dd for the Sta ALLYSON K. MUVVIL- NOTARY rutnic RY ID #66040 OTA TCEQ 20149 0j2t0tjISIANA My Commission Enpires At Death Notice Information: On or before the date of snbmissinn of the annlimflon to TCF.(1_ nntire was nrnvirlarl tn- I A. Each municipality: i. where the proposed MSD is located; ❑✓ Yes 2. with a border within 0.5 miles beyond the proposed MSD boundaries; ye NA 3. that owns or operates a groundwater supply well located within five yes ©NA miles of the proposed MSD boundaries. B. Each current owner of a private well registered with the commission and located E✓ Yes F NA within five miles beyond the proposed MSD boundaries. C. Each retail public utility, as defined by Texas Water Code§13.002, that owns or operates a groundwater supply well located within five miles 0 Yes NA beyond the proposed MSD boundaries. NA only wnen no sucn municipality, private well owner, or retail public utility exists. Do not submit an application without including the signed notice delivery receipts (TSHC 361.805(c)) MSD Information: A. Is the proposed designated groundwater contaminated in excess of an applicable potable water use standard (Le. 3o TAC §350, groundwater ingestion limit)? yes No protective concentration Do not submit an application if the answer is no. B. Was the groundwater contamination previously reported to the TCEQ? (To comply with of Texas Water Code Sections 26.408 and 5.236) Yes No C. Is there a potable -use well within the boundary of the proposed MSD that uses the designated groundwater as a water source? 'ye No Do not submit an application if the answer is yes. D.- Is there a potable use well within.the boundary of the proposed MSD that uses a deeper.groundwater zone as a source of water that is not properly from El yes ®✓ No sealed off the designated groundwater? Do not submit an application if the answer is yes. E. Is the applicant aware of any non -consumptive use of the groundwater or other human health or ecological exposure pathways of concern? Ej yes 0 No If the answer to E is yes, specify: F. Is the property for which the MSD is sought located'in a municipality that has a population of two million or more (See most recent place population YesNo estimate reported at the Texas State Data Center G. Is the property for which the MSD is sought currently or previously been under the oversight of the TCEQ or the U.S. Environmental Protection Agency? If is yes �✓ No the answer yes, provide an attachment describing the nature and history of the oversight. H. For MSDs located in a municipality with a population less than two million, has each municipality and retail public utility in THSC 361.8o65 . firm EZTyes No provided commitment to adopt an ordinance or resolution in support of the application? Do not submit an application if the answer is no. I. For MSDs located in a municipality with a population more than two million, was a resolution opposing the application adopted by a yes No municipality or retail public utility within 12o days of receipt of the notice? Do not submit an a lication if the answer is yes. TCEQ•20149 August 201JL 0