November 27, 1995

Mr. William B. Jones
Route 1 - Box 355
Eustace, Texas 75124

Re: Unauthorized Channel Modifications on Steve Creek in Van Zandt County, Texas

Dear Mr. Jones:

The Texas Natural Resource Conservation Commission (TRNCC) notes that you have modified the channel of Steve Creek in Van Zandt County, Texas. Such construction in the floodplain may be in violation of Texas statutes. Specifically, Section 16.236 of the Texas Water Code which requires that plans for levees or other such improvements which control, regulate, or otherwise change the floodwater of a stream must be approved by the TNRCC.

The Commission has no record of an application for approval of plans for levee construction at the referenced location. We are therefore requesting that you take immediate steps to assure that the construction of the project is in compliance with the law. To do this you must demonstrate with an engineering study by a registered professional engineer what effect the project will have upon the flood flows of Steve Creek. If it can be shown that the project will not raise the flood levels of the Steve Creek significantly, the structure's plans and structural stability can be approved by the Commission.

This process requires submission of an application. To help you, the pertinent section of the Rules and Regulations of the TNRCC relating to approval of plans for reclamation engineer projects and a sample application form are enclosed.

Please give this matter your prompt attention. If we do not hear from you within 90 days from the date of this letter, we will refer this matter to our Legal Division for appropriate action under Section 16.236. Should you have any questions, contact me at the letterhead address or by calling 512/239-4771.

James Mirabal, P.E.
State Reclamation Engineer

PLAINTIFFS
EXHIBIT
102

cc: Mr. Steve Groseclose, Legal-TNRCC
Mr. Udo Birnbaum Route 1 Box 295, Eustace, TX 75124