Commission Agenda Item No. 11
Presenter:  Ann Bright

Action
Contested Case Hearing
Application of Joe B. Long and Mark L. Stephenson for a Sand and Gravel Permit
(SOAH Docket No. 802-09-4552)
November 3, 2011

I.       Executive Summary:  The Texas Parks and Wildlife Commission (the Commission) will consider and may render a decision in connection with the above-referenced application for a permit to remove sand and gravel from a state-owned riverbed (sand and gravel permit).

II.      Discussion:  In 2009, TPWD staff received an application for a sand and gravel permit to which several persons and entities objected.  A contested case hearing on the merits was conducted by the State Office of Administrative Hearings (SOAH) before Administrative Law Judge Michael J. O’Malley in January 2011.  Judge O’Malley issued a Proposal for Decision (PFD) in May 2011.  The Commission will hear the arguments of the parties and may render a decision.

The allotment of time for and the order of oral arguments will be as set forth below.  Unless otherwise directed by the Commission, only the parties and/or their attorneys will be called to address the Commission regarding this matter.

The Applicants for the sand and gravel permit are Joe Long and Mark Stephenson.  The Applicants are represented by Dick Terrell Brown and Chuck Lacallade of Brown & Lacallade, P.C.

The Protestants are Leo Perron, John Robinson, Seawillow Kathleen Schmidt, Charles Shephard III, Seawillow Gay Kelley, and Azar Minerals LLC.  The Protestants are represented by attorney Brad Rockwell of the law firm Lowerre, Frederick, Perales, Allmon & Rockwell.

The Lower Colorado River Authority also opposed the permit and is represented by its attorney Vic Ramirez.

The primary TPWD staff involved are Bob Sweeney (TPWD Staff Attorney), Kaye Schultz (TPWD Staff Attorney), and Tom Hegar (Inland Fisheries Division).  Other TPWD staff involved are Gary Saul (Director, Inland Fisheries Division), Ross Melinchuk (Deputy Executive Director for Natural Resources), and Carter Smith (Executive Director).

Additional background regarding this case is available from the electronic docketing system at the State Office of Administrative Hearings.  Documents filed in this matter since November 9, 2011 are available at https://cis.soah.state.tx.us/tokopenweb/.  To access the information, click “Use Guest Account,” enter 802-09-4552 in the “Docket Number” box, click “Search,” and then click the icon next to the docket number.

III.     Recommendation:  The Commission will be asked to render a decision in this case.


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