Board Meeting
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Board Meeting May , 2018 LSGCD NOTICE OF MEETINGS AND HEARINGS OF THE BOARD OF DIRECTORS OF THE LONE STAR GROUNDWATER CONSERVATION DISTRICT To be held on Tuesday, May 8, 2018 Lone Star GCD – James B. "Jim" Wesley Board Room 655 Conroe Park North Drive Conroe, Texas 77303 NOTICE OF MEETING TUESDAY, MAY 8, 2018, AT 9:00 A.M. SPECIAL MEETING OF THE DISTRICT BOARD 1. Call to Order and Declare Meeting Open to the Public. 2. Roll Call. 3. Executive Session - The Board will recess for a closed Executive Session pursuant to Texas Government Code, Section 551.071, to consult with the District’s attorney regarding pending or contemplated litigation, settlement offers, or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, Chapter 551, Government Code regarding any agenda item on any of the board meetings or hearings posted for today. No action will be taken in Executive Session. 4. Re-convene in Open Session. 5. Adjourn Special Board Meeting. 05.08.18 Agenda Page 1 Executive Session – Special Meeting NOTICE OF PUBLIC HEARING OF THE BOARD OF DIRECTORS OF THE LONE STAR GROUNDWATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING TUESDAY, MAY 8, 2017, AT 10:00 A.M. PUBLIC HEARING ON PERMIT AND PERMIT AMENDMENT APPLICATIONS 1. Call to Order and Declare Hearing Open to the Public 2. Roll Call 3. Prayer and Pledges of Allegiance 4. Receive Permit Hearing Report from General Manager, Any Public Comments or Requests to Contest, and Consider Granting, Denying, or Amending Applications for the following Operating Permits and/or Meter Exemptions – Samantha Reiter. 1. Legacy Preparatory Christian Academy, for a proposed amendment to OP-13072602, 9768 Research Forest Dr., The Woodlands, increase of 1.5 mg annually, Irrigation use; 2. Ready Mix, LP (Lessee), for a proposed well to be drilled at 30911 Old Hockley Rd, Magnolia, not to exceed 3.3 mg annually, Industrial and Commercial use, (Driller of record: Scott Drilling Inc); and 3. General Mini Storage, for a proposed operating permit for an unpermitted existing well not to exceed 0.12 mg annually, 3002 Sawdust Rd., Spring, Commercial and irrigation use. 5. Adjourn or continue permit hearing in whole or in part. 05.08.18 Agenda Page 2 Public Hearing on Permit Amendments NOTICE OF HEARING TUESDAY, MAY 8, 2017, AT 10:00 A.M. SHOW CAUSE HEARING ON ENFORCEMENT MATTERS 1. Call to Order and Declare Hearing Open to the Public 2. Roll Call 3. Show Cause Hearing for Eduardo Lopez, pursuant to District Rule 2.5 A. Show Cause Hearing directing Eduardo Lopez, ("Respondent"), pursuant to District Rule 2.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not: 1) issue a cease and desist order pursuant to District Rule 2.6(c) for failure to remit 2017 production report and/or fines associated with timely submission; 2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and 3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. B. Consider, discuss, and take action on matters raised in the Eduardo Lopez show cause hearing, including, but not limited to, issuing a cease and desist order described in Agenda Item No. 3.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 3.A.2., and taking all other enforcement action described in Agenda Item No. 3.A.3. 4. Show Cause Hearing for LCBGH15, LLC, pursuant to District Rule 2.5 A. Show Cause Hearing directing LCBGH15, LLC, ("Respondent"), pursuant to District Rule 2.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not: 05.08.18 Agenda Page 3 Show Cause Hearing 1) issue a cease and desist order pursuant to District Rule 2.6(c) for failure to remit 2017 production report and/or fines associated with timely submission; 2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and 3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. B. Consider, discuss, and take action on matters raised in the LCBGH15, LLC show cause hearing, including, but not limited to, issuing a cease and desist order described in Agenda Item No. 3.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 3.A.2., and taking all other enforcement action described in Agenda Item No. 3.A.3. 5. Show Cause Hearing for LCBGH15, LLC, pursuant to District Rule 2.5 A. Show Cause Hearing directing LCBGH15, LLC, ("Respondent"), pursuant to District Rule 2.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not: 1) issue a cease and desist order pursuant to District Rule 2.6(c) failure to remit 2018 annual water use fees and/or fines associated with timely submission; 2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorney’s fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and 3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. B. Consider, discuss, and take action on matters raised in the LCBGH15, LLC show cause hearing, including, but not limited to, issuing a cease and desist order described in Agenda Item No. 4.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 4.A.2., and taking all other enforcement action described in Agenda Item No. 4.A.3. 6. Show Cause Hearing for Joe Worthy, pursuant to District Rule 2.5 05.08.18 Agenda Page 4 Show Cause Hearing A. Show Cause Hearing directing Joe Worthy, ("Respondent"), pursuant to District Rule 2.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not: 1) issue a cease and desist order pursuant to District Rule 2.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2017 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount; 2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and 3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. B. Consider, discuss, and take action on matters raised in the Joe Worthy show cause hearing, including, but not limited to, issuing a cease and desist order described in Agenda Item No. 3.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 3.A.2., and Taking all other enforcement action described in Agenda Item No. 3.A.3. 7. Show Cause Hearing for Quality Car Care, pursuant to District Rule 2.5 A. Show Cause Hearing directing Quality Car Care, ("Respondent"), pursuant to District Rule 2.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not: 1) issue a cease and desist order pursuant to District Rule 2.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2017 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount; 2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and 3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. 05.08.18 Agenda Page 5 Show Cause Hearing B. Consider, discuss, and take action on matters raised in the Quality Car Care show cause hearing, including, but not limited to, issuing a cease and desist order described in Agenda Item No. 3.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No.