Barry R. McBee, Chairman
B. "Ralph" Marquez, CommLssioner
John M. Baker, Commissioner
Dan Pearsom Executive Director

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

Protecting Texas by Reducing and Preventing Pollution

February 14, 1996

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:

This is in followup to your attorney's January 24, 1996, letter and our February 5, 1996, telephone conference concerning the referenced matter. We have reviewed the additional information you supplied and our flood maps.

Our findings indicate that your activity has consisted of the removal of vegetation. No channel modifications have taken place. Additionally, should channel modifications have taken place, the drainage area above what would be the lowest point of construction is less than five square miles. The Texas Natural Resources Conservation Commission (TNRCC) has no jurisdiction over the removal of vegetation or on channel modification less than five square miles.

Thank you for your assistance on this matter. Should you have any additional questions, please do not hesitate to contact me at 512/239-4771.

Sincerely,

James Mirabal, P.E.
State Reclamation Engineer

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