. LEGAL NOTICES

CAUSE NO. 29,398-B JORDAN CHIGLO AND SARAH

CHIGLO

VS. THE UNKNOWN HEIRS OF

A.B. JACKSON

IN THE DISTRICT COURT

87TH JUDICIAL DISTRICT LIMESTONE COUNTY, TEXAS

NOTICE BY PUBLICATION

STATE OF TEXAS

TO: The Unknown Heirs of A.B. Jackson, Defendants, and to all whom it may concern:

You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of 42 days after you were served this citation, a default judgment may be taken against you. This means you have until 10:00 a.m. on Monday, September 13, 2010 to file an Answer to this lawsuit. The petition of Jordan Chiglo and Sarah Chiglo, Plaintiffs, was filed against The Unknown Heirs of A.B. Jackson, Defendants, on July 26, 2010, in the 87th Judicial District Court of Limestone County, Texas, and is numbered 29,398-B, and entitled Jordan Chiglo and Sarah Chiglo vs. The Unknown Heirs of A.B. Jackson. This lawsuit is Petition For Declaratory Judgment.

Defendants are hereby notified that a cause of action has been filed in that purports to declare that Jordan Chiglo and Sarah Chiglo are the sole owners of a 0.93 acre tract of land situated in the Andres Varela Survey A-29, Limestone County, Texas, and said 0.93 acre being more particularly described in Exhibit “A” attached to the Petition For Declaratory Judgment filed with the Court.

The Court has authority in this suit to enter any judgment or decree in the Plaintiffs’ interest which will be binding upon you.

Issued and given under my hand and seal of said Court at Groesbeck, Texas, this 26 day of July, 2010.

Carol Jenkins

Clerk of the 77 & 87 Judicial District Court

Limestone County, Texas By: Valerie Henson

Deputy

Fieldnote Description to 0.93 Acre

City of Groesbeck - Part of Block XLVII (47)

A. Varela Survey, A-29

Limestone County, Texas

Fieldnotes to all that certain lot, tract, or parcel of land situated in the City of Groesbeck, A. Varela Survey. A-29, Limestone County, Texas, being 0.93 acre, more or less, and being a part of Block XLVII (47) of the City of Groesbeck as shown on the Rerevised map of Groesbeck, dated October 29, 1877, and recorded as Plat No. 202, Map/Plat Records, Limestone County, Texas, and further being a tract of unknown ownership bounded by the sourtherly margin of LCR 398 (Crutcher’s Lane), the westerly line of a called 2.12 acre tract conveyed to Jordon Chiglo, et ux by deed of record in Volume 1097, Page 581, the northwesterly right of way of Palo Pinta Street, and the easterly line of a called 1 ½ acre tract conveyed to Jordon Chiglo, et ux by deed of record in Volume 1080, Page 616, Deed Records, Limestone County, Texas, to which references are hereby made to for any and all purposes. Said 0.93 acre tract encompassing 0.11 acre, more or less, of a called 28.0 acre tract conveyed to the City of Groesbeck by deed of record in volume 1205, Page 819, Deed Records, Limestone County, Texas. Said tract described as follows, to wit:

BEGINNING at a 2” iron pipe found in the southerly margin of LCR 398 for the northwestern corner of the aforesaid 2.12 acre tract and the northeastern corner of the unknown ownership tract;

THENCE SOUTH 32°48’11” EAST, along the westerly line of said 2.12 acre tract, passing at 214.36 feet the intersection with the northerly line of the aforesaid 28.0 acre tract, continuing a total distance of 250.70 feet to a point for this southeast corner in the northwesterly right of way of Palo Pinta Street and the northwesterly line of a 1.15 acre tract described this same date (recorded in Volume XXX, Page XXX). From said point a 2” iron pipe found for the southwestern corner of said 2.12 acre tract bears S32° 48’11” E 142.98 feet;

THENCE SOUTH 56°06’33” WEST 129.10 feet, with said northwesterly right of way and the northwesterly line of said 1.154 acre tract, to a point in the eastern line of the referenced 1 ½ acre tract. From said point a capped ½” iron rod set for the southeastern corner of said 1 ½ acre tract bears S33°53’27”E 80.00 feet;

THENCE NORTH 33°53’27” WEST, with the eastern line of said 1 ½ acre tract, passing at 39.11 feet the intersection of said line with the northerly line of the aforementioned 28.0 acre tract, continuing a total distance of 369.25 feet to a capped ½” iron rod set for this northwest corner and the northeast corner of said 1 ½ acre tract in the southerly margin of LCR 398. From said point an iron rod found near an existing fence corner bears N85°53’24” W 34.73 feet and a capped ½” iron rod set for the northwest corner of said 1 ½ acre tract bears N87°45’17”W 169.88 feet (record call is 179.1 feet). From the capped iron rod set at the northwest corner of said 1 ½ acre tract an iron rod (found capped R.P.L.S. 3282) bears S87°17’57”E 5.13 feet and an iron rod found for the northeastern corner of a called 70.512 acre tract conveyed to Lisa Stone by deed of record in Volume 1080, Page 616, bears S89°15’14”37.10 feet;

THENCE SOUTH 82°21’01” EAST 178.85 feet, along the southerly margin of said road, to the Point of Beginning and containing 0.93 acre, more or less, as shown on the accompanying survey plat of even date herewith.

Bearing Note: Bearings are based on the centerline of the railroad (within the City of Groesbeck) using a bearing of N31°25’33”E. 32-4tc

BID NOTICE

Sealed bids will be received at the Business Office of the Groesbeck Independent School District, 1202 North Ellis, P.O. Box 559, Groesbeck, Texas, August 31, 2010, until 2:00 p.m. for the following:

ATHLETIC SUPPLIES

GIRLS’ TRACK, SOFTBALL

Bids received after this time, whether delivered in person or mailed, will not be accepted. Bids will be opened publicly and read aloud. All interested parties are invited to attend.

Bid forms and specifications may be obtained from the Groesbeck Independent School District Business Office or by calling (254)729-4106 between 8:00 a.m. and 4:00 p.m. Monday through Friday.

Groesbeck Independent School District reserves the right to reject any and all bids or to waive formalities of bid. In case of ambiguity or lack of clarity and state of compliance in the bid, Groesbeck Independent School District reserves the right to consider the most advantageous interpretation thereof or to reject the bid. 33-2tc

I-35 CORRIDOR SEGMENT COMMITTEE 2 NOTICE OF PUBLIC WORKSHOP LONG-TERM PLANNING FOR TRANSPORTATION IMPROVEMENTS ALONG THE I-35 CORRIDOR IN NORTH TEXAS

During the month of September 2010, the I-35 Corridor Segment Committee 2 (CSC 2) will host a series of public planning workshops in North-Central Texas. The purpose of the workshops is to present to and gather feedback from the public on the Committee’s proposed longrange transportation solutions for the I-35 Corridor.

CSC 2 is one of four committees established by the Texas Transportation Commission in March 2009 to develop a needs-based citizensdirected plan for the I-35 Corridor. These committees are comprised of representatives from local cities, counties, Metropolitan Planning Organizations, and community organizations. Over the last year, the committees have identified goals, needs, and potential solutions in their respective segments, and have reviewed traffic modeling analyses to determine the effectiveness of each proposed solution. They have used this information to develop draft I-35 Corridor Segment Plans that reflect the unique transportation needs and planning approaches within their respective areas.

All interested citizens are encouraged to attend a public workshop to discuss the draft plan, ask questions, and express their views to the CSC 2 members. The draft plan for Segment 2 proposes roadway and rail solutions within the geographic area including and south of I-30 in the D/ FW area to Bell/Williamson county line. Because of the overlapping transportation networks and issues in the D/FW area, the draft plan for Segment 1, which covers the area including and north of I-30 to the Texas/Oklahoma border in Cooke and Grayson counties, will also be available for public review at the Segment 2 workshops.

Surveys and comment forms will be available and accepted at the public workshops, as well as through the MY 35 website (www.MY35.org). Written comments and surveys may also be mailed to Mr. Ed Pensock, Texas Department of Transportation, P.O. Box 14707, Austin, Texas, 78761. Website and/or mailed comments must be submitted by October 6, 2010.

In Segment 2, workshops will be held from 6:00PM to 8:00PM at the following locations:

September 7, 2010, Temple, Frank W. Mayborn Civic & Convention Center, Room C 3303 N. 3rd Street

September 8, 2010, Waco, Waco Convention Center, McLennan Hall 100 Washington Avenue

September 9, 2010, Waxahachie, Waxahachie Civic Center Ballroom 1 2000 Civic Center Lane

September 13, 2010, Burleson, Burleson Recreation Center 550 N.W. Summercrest Boulevard

These workshops will utilize a come-and-go format that will allow members of the public to review the materials at their convenience and speak individually to CSC members and staff. Information regarding other workshops to be held in Central and South Texas is available at www. MY35.org.

Persons who plan to attend a workshop and have special communication or accommodation needs are encouraged to call (866) 614-1086 at least two business days prior to the workshop to request assistance. Because the workshop will be conducted in English, any requests for language interpreters should also be made at least two days prior to the workshop. TxDOT will make every reasonable effort to accommodate these needs. 34-1tc

NOTICE

Proposals will be accepted until 2:00 p.m. on Friday, the 10th of September, 2010 for upkeep and mainte- at the Pottershop Cemetery in the Oletha community. Specifications may be obtained by contacting Martha Stanton at 254-729-5589 after business hours. The Board of the Pottershop Cemetery will meet and award a one year contract for the best and most responsible proposal.

Pottershop Cemetery Board of Directors 34-2tc

NOTICE TO IMPLEMENT REVISED FIXED FUEL FACTOR

Entergy Texas, Inc. hereby publishes NOTICE that, pursuant to Section 36.203 of the Public Utility Regulatory Act (codified in Tex. Util. Code) and P.U.C. Subst. R. 25.237(A)(3)(B), it filed with the Public Utility Commission of Texas (the “Commission”) on August 16, 2010 a tariff to implement a revised fixed fuel factor. All of Entergy Texas’ retail customers whose fuel charges are calculated under the Texas fixed fuel factor tariff - including but not limited to Residential, Small General Service, Large General Service, Large Industrial Power Service, and Street and Outdoor Lighting Service - will be affected by the Commission’s approval of the revised fixed fuel factor. The revised fixed fuel factor, if approved, will affect only the fuel portion of the rates charged by Entergy Texas and will have no effect on non-fuel base rates.

Entergy Texas seeks Commission approval to revise the fixed fuel factor effective with the first billing cycle of the September 2010 billing month. Entergy Texas proposed that the fixed fuel factor be changed pursuant to a semi-annual filing to be made each February and August, with revised fuel factors to be effective with the first billing cycle of the March and September billing months, pursuant to a methodology that changes the fuel factor based upon changes in the published price of natural gas. This methodology was authorized for use in Docket No. 32915.

The revised fixed fuel factor, differentiated by voltage level, is as follows:

FACTOR BY VOLTAGE LEVELS Delivery Voltage Fixed Fuel Factor Secondary $ 0.0459881 per kWh Primary $ 0.0446683 per kWh 69kV/138kV $ 0.0428019 per kWh

230kV $ 0.0420382 per kWh

The revised fuel factor would result in a decrease in Entergy Texas’ annual Texas retail fuel and purchased power revenues by approximately $119.74 million, or 15.9%, on an annual basis. Compared to the fixed fuel factor approved by the Commission effective March 2010, a residential customer using 1000 kilowatt-hours (kWh) of electricity per month would see an approximate decrease of 6.9% annually, or $8.72 on average per month, on his/her electric bill. This decrease also takes into account the termination in September 2010 of Rough Production Cost Equalization Payments made pursuant to Docket No. 38098 and the implementation of an August 2010 base rate increase approved on an interim basis in Docket No. 37744. A fuel refund application is also pending in Docket No. 38403, which if approved, will result in a reduction to customer bills beginning with the September 2010 billing cycle. The fixed fuel factor rate is designed to pass through to customers the actual fuel costs incurred by Entergy Texas to serve customers. Entergy Texas is not allowed to make a profit on fuel costs. Amounts collected from affected customers pursuant to the revised fixed fuel factor will be subject to final review by the Commission in Entergy Texas’ next applicable fuel reconciliation proceeding before the Commission. Entergy Texas expects the revised fixed fuel factor to be in effect for the billing period of September 2010 through February 2011.

Persons with questions or who want more information on the revised fixed fuel factor may contact Entergy Texas at Attn: Customer Service - Fuel Factor, 350 Pine Street, Beaumont, Texas 77701, or call [1-800-368- 3749 (select option 1, then press 0, then press 4, then press 3)] during normal business hours. A complete copy of Entergy Texas’ filing is available for inspection at the address listed above.

The Commission has assigned Docket No. 38565 to this proceeding. Persons who wish to formally participate in this proceeding, or who wish to express their comments concerning this petition should contact the Public Utility Commission of Texas, Office of Customer Protection, P.O. Box 13326, Austin, Texas 78711-3326, or call (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may call (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

ENTERGY TEXAS, INC. 34-1tc

PUBLIC NOTICE NOTICE OF APPLICATION FOR

RENEWAL / REVISION EXPANSION OF SURFACE

MINING

PERMIT NO. 50

Kosse Mine

Luminant Mining Company LLC

Docket No. C7-0026-SC-50-C

Luminant Mining Company LLC (“Luminant”), 500 N. Akard Street, Dallas, Texas 75201 has submitted an application titled Kosse Mine, Permit No. 50 Renewal/Expansion (“Application”), to the Railroad Commission of Texas Surface Mining and Reclamation Division (“Commission”) to renew existing Permit No. 50 for an additional five year term. The application also proposes to expand the permit boundary by an additional 4,875-acres. Permit No. 50 was issued on April 24, 2007 and originally contained approximately 10,593 acres. Pursuant to Commission Order and Permit Provision, Luminant submitted Revision Application No. 1 on May 16, 2007 to revise the permit boundary by removing certain non-right of entry properties from the permit area. Accordingly, by Commission letter dated September 7, 2007, Revision Application No. 1 was approved, and as such, Permit No. 50 was reduced by 428-acres. The proposed Permit No. 50 Renewal/Expansion boundary now consists of approximately 15,040-acres.

Ownership of all affected lands in the proposed 15,040-acre Permit No. 50 Renewal/Expansion is described in Section 116 of the Application. Surface mining activities at the Kosse Mine are expected to continue through the year 2023, subject to Commission approval of a permit renewal(s). The five year renewal permit term being requested by Luminant is for years 2011 through 2015. Copies of the Application are on file with and available for public inspection at the agencies and locations identified below.

As depicted on the map included with this public notice, the proposed Kosse Mine lies along State Highway 7 approximately 6 miles east of the town of Kosse, Texas, and approximately 12 miles west of Marquez, Texas. The proposed permit boundary for the Kosse Mine, Permit No. 50 Renewal/Expansion area is described as follows: the western permit boundary is formed by various property tracts and Limestone County Road LCR-712 and FM 2749. The northern boundary is formed by Limestone County Road LCR-716, various property tracts and Cox Creek. The eastern boundary is formed by various property tracts and where segments of FM 937 and segments of FM 1246 intersect near Oletha, Texas. The southern boundary is formed by Robertson County Road RCR-477 and along various property tracts. The Permit No. 50 Renewal/Expansion area is contained within the “Bald Prairie,” “Kosse East,” and “Oletha” U.S. Geological Survey 7.5 minute, quadrangle maps.

Luminant proposes to mine approximately 4,184 acres during the proposed five-year permit renewal term. The mine areas are identified by mine years for the permit term as DI, DIII, DIV, DV and EI and are denoted on the Life of Mine Maps, Plates 125-1 and 2 and in Table 125(a)-1 in Section .125 of the application, as supplemented. Mining will continue to progress from west to east in the area north and south of SH 7. The proposed expansion area north of Steele Creek called EI Area will also progress in a west to east direction in accordance with Plates 139-1-1 through 10, and the description of the operations plan, Section .139.

The Application is made pursuant to the Texas Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE ANN. Chapter 134 (Vernon 2010) and the Coal Mining Regulations, Texas Railroad Commission, 16 TEX. ADMIN. CODE Ch.12 (West Group 2010). Notice will be published once a week for four (4) consecutive weeks. Requests for public hearing must be submitted within 45 days of the last date of publication of this notice. Interested persons are invited to submit written comments on the Application. All written comments, objections or requests for public hearing or informal conference on the Application should be directed to:

Christopher S. Hotchkiss,

Hearings Examiner Office of General Counsel –

Hearings Section

C/o Docket Services, Docket No. C7-0026-SC-50-C Railroad Commission of Texas

P.O. Box 12967

Austin, Texas 78711-2967

Lignite production will be accomplished through the use of draglines, hydraulic excavators, hydraulic backhoes, frontend loaders, end-dump trucks, haulers, scrapers, dozers and motor graders. Lignite recovered will be transported by railcar to the K-1 loading station for

delivery to the Oak Grove Power Plant. Luminant proposes to conduct mining operations on property it owns, property owned by Luminant Generation Company LLC and on property where a valid coal and lignite lease exists. Luminant does not propose any surface mining operations on any property for which Luminant has not secured the right-of-entry from the landowner. Further information on the right-of-entry and property ownership is detailed in Section .116 and Section .117 of the permit application, as supplemented. There are approximately 32 producing oil or gas wells located within proposed mine areas (see Section .128, Plate 128-3 and Appendix 128-D. Luminant’s proposed pipeline relocations are shown on Plates 136-1 and 2 in Section .136 of the application. See Section .116, Appendix F for all oil/gas leasehold and right-of-entry information for those property tracts proposed to be disturbed and/or mined during the permit term. The applicable tracts are shown on the “Property Ownership” map located in Section .116 of the Application.

Luminant’s permit application contains a great deal of detailed information, but there are some sections that could be of interest to the general public and are listed as follows: general hydrology and geology of the proposed expanded permit area in Section .126 and Section .127; a summary of water well inventory, Table 128-6, and water well location map, Plate 128-2, Section .128; alternative water resources in Section .130; proposed dewatering of the overburden prior to mining and depressurization operations to reduce the pressure heads for the underburden aquifers (Plate 146d-1 in Section .146); surface water information, Section .129; descriptions of fish and wildlife, Section .133, and a protection plan, Section .144; soil resources information, Section .134; a request for a determination that there is no prime farmland located within the areas proposed for mining and miningrelated disturbance, Section .138; mine plan and operations plan, Section .139; reclamation plan, including a reclamation timetable, Figure 145-1, and postmine soil testing plan in Section .145. Luminant’s plan for the protection of the surface water and groundwater can be seen in Section .146, Appendix D. Luminant has conducted computer simulations to show the maximum extent of simulated five feet of drawdown for wells that may be impacted by the dewatering and depressurization [Plate 146(d)-1] for the Life of Mine. Drawdown may extend to a maximum of approximately 5,000 feet from the dewatering fields and approximately 20,000 feet from the underburden depressurization operations and may potentially affect 166 or more wells. The surface water control plan is in Section .148 of the application and shown on Plates 148-1 and 2.

The Application proposes the use of a selective, mixed overburden as a topsoil and subsoil substitute for a reclaimed material for the top four feet of reclaimed soils (Section .145) and approximately 91 permanent water impoundments are planned during the life of the mine (Section .139). The estimated percentages of the proposed postmine land uses are: pastureland, 67%; fish and wildlife habitat, 23%; fish and wildlife habitat – Bobwhite Quail and other grassland bird species, 7% and, developed water resources, 3%, (Section .147).

Surface Mining Within 100 Feet of a Public Road

Surface mining activities will not approach nearer than 100-feet of the outside rightof way line of any public road except as allowed by the Regulations and approved by the Commission. However, public road buffer zone variances are being requested for the following locations for the proposed permit term.

Luminant requests that the Commission approve the following public road buffer variances for the permit term. Activities that will take place in the variance locations listed below will include, but not be limited to mining, pond construction, diversion construction, road construction, dewatering activities, regrading, reseeding, erosion repair, dragline walk, and other such activities associated with normal mining, construction and reclamation procedures. See Figure 152-1 of the application. All distances are approximate. Abbreviations of the road names are as follows State Highway (S. Hwy), Limestone County Road (LCR), Robertson County Road (RCR) and Farm to Market (FM).

Public Road Buffer Zone Variances;

1. S. Hwy 7 – Along both sides,

starting at a point 1,232 feet east of the intersection of FM 2749 and S. Hwy 7, continuing 1,368 feet east. Then on the north side for 411 feet east. Then on both sides for 11,482 feet east. This variance is needed

in order to achieve maximum coal

recovery. 2. RCR 460 – Along both sides,

beginning at the intersection of

RCR 460 and RCR 477, south 2,266

feet of said intersection. 3. RCR 460 Relocation – Along the

north side, starting at a point 244 feet northeast of the intersection of the permit boundary and RCR 477,

continuing 3,340 feet southeast

from the starting point. 4. RCR 462 – Along the east side,

from the southeast corner of the Ebenezer cemetery, 376 feet north

to the Limestone – Robertson

County line. 5. RCR 477 Cut Off – Along both

sides, from the intersection of S. Hwy. 7 and RCR 477, Cut Off, 1,960 feet southeast to the

intersection of RCR 477 Cut Off

and RCR 477. 6. RCR 477 – Along both sides, starting

at a point 2,440 feet northeast of the intersection of the permit boundary and RCR 477, continuing 9,845 feet

northeast to the intersection of RCR

477 and S. Hwy. 7. 7. RCR 477 – Along the north side,

beginning at a point approximately 12,144feet southwest of the intersection of S. Hwy. 7 and RCR

477, then southwest approximately

612 feet. 8. RCR 477 – Along North side,

starting from the intersection of

RCR 477 and S. Hwy. 7, continuing

2,984 feet northeast. 9. LCR 714 Relocation – Along both

sides, starting at a point 382 feet south of the intersection of S. Hwy. 7 and the LCR 714 relocation, continuing 4,572 feet south to the

corner of the Ebenezer cemetery

buffer. 10. LCR 714 – Along the east side,

from the northeast corner of the Ebenezer Cemetery, 463 feet south

to the Limestone – Robertson

county line. 11. LCR 730 – Along both sides, starting

at a point 7,166 feet southwest of the intersection of FM 937 and

LCR 730, continuing 8,713 feet

southwest from the starting point. 12. LCR 730 – Along both sides, starting

at a point 8,814 feet southwest of the intersection of LCR 730 and

LCR 732, continuing 1,621 feet

southwest from the starting point. 13. LCR 732 – Along both sides,

starting at a point 4,047 feet south of the intersection of FM 1246 and LCR 732, continuing 11,565 feet

south to the intersection of LCR 732

and LCR 730.

Road Closures and Relocations Previously Approved Closures;

1. RCR 462 closure was previously

approved by the RCT in Permit

No. 50 Revision No.12 on August

21, 2009. 2. RCR 460 closure (2,273 feet) was

submitted for approval by the RCT in Permit No.50 Revision No.16. Although not yet approved by the RCT, this closure has been approved by the Robertson County

Commissioners Court Order dated

May 14, 2007. 3. RCR 477 closure (2,273 feet) was

previously approved by the RCT in

Permit No. 50 Revision No.12 on

August 21, 2009. 4. RCR 477 closure (9,819 feet) was

submitted for approval by the RCT in Permit No.50 Revision No.16. Although not yet approved by the RCT, this closure has been approved by the Robertson County

Commissioners Court Order dated

May 14, 2007. 5. RCR 477 Cut Off (1,842 feet)

closure was submitted for approval by the RCT in Permit No. 50 Revision No.16. Although not yet approved by the RCT, this closure has been approved by the Robertson

County Commissioners Court Order

dated May 14, 2007. 6. LCR 716 closure was previously

approved by the RCT in Permit No.

50 on April 24, 2007. 7. LCR 714 closure was previously

approved by the RCT in Permit No.

50 Revision 12 on Aug. 21, 2009.

Permit Term Closures;

1. 21,000 feet of LCR 730 will be

permanently closed to allow the dragline to walk across LCR 730. The permanent road closure will begin at a point 6,562 feet south west from the intersection of FM 937 and LCR 730. This closure was approved by Limestone County Commissioners Court Order dated September14, 2009 (see Section 152 Appendix A). For road location

see Plates 139-1-5, 139-1-6, and

139-1-7. 2. 11,565 feet of LCR 732 will be

permanently closed starting from a point 4,047 feet southeast from the FM 1246 – LCR 732 intersection, in the first quarter of 2011. This closure was approved by Limestone County Commissioners Order dated September 14, 2009 (see Section 152, Appendix A). For

road locations see Plate 139-1-7

and 139-1-9.

Luminant requests that the Commission approve the above road closures as temporary ancillary roads. These county roads were designed and constructed under the specifications and supervision of the Limestone and Robertson County Commissioners Courts and meet the performance standards of Rule §12.400(b) of the Regulations.

Through normal use, these roads will be maintained to: control or prevent erosion, siltation and air pollution attendant to erosion control or prevent damage to fish and wildlife resources; control or prevent contributions of suspended solids to stream flow or runoff outside the permit area; neither cause or contribute to violations of State or Federal water quality standards applicable to receiving waters; not seriously alter the normal flow of water in streambeds or drainage channels; control or prevent damage to public or private property; and neither cause nor contribute to non acid or non toxic-forming substances in road surfacing.

The reclamation bond will be calculated to support the use of these abandoned public roads for surface mining related activities. Detailed design plans will be submitted and approved by the Commission prior to any road design modifications.

Previously approved relocations;

1. LCR 714 relocation was approved

by the RCT in Permit No. 50

Revision 12 on Aug. 21, 2009. 2. RCR 462 will be relocated the third

quarter of 2021. The relocation was

approved by the RCT in Permit No.

50 Revision 12 on Aug. 21, 2009. 3. RCR 460 relocation was approved

by the RCT in Permit No. 50

Revision No.12 on Aug. 21, 2009.

Permit Term Relocations;

1. LCR 732 will be relocated the

first quarter of 2011. The new permanent relocation will begin 2,577 feet southeast of the FM 1246 – LCR 732 intersection to a point approximately 14,788 feet southwest of this location. This closure was originally approved by Limestone County Commissioners Court Order dated September 14, 2009 and amended on June 28, 2010 (see Section 152 Appendix A). For

the road location see Plates 139-1-7

and 139-1-9.

Rights-of-Way Delineation

The rights-of-way for state highways and farm-to-market roads, as delineated on Plate 116-1, represent “recorded” easements or surface ownership. No “metes” and “bounds” description can be found for the rights-of-way of existing county roads in the permit area. Many of the county roads in the Kosse Mine area have established fences on both sides of them. These fence lines are the historical rights-of-ways of the county roads as evidenced by the fact that the Limestone and Robertson County Commissioners only maintain the roads to these fences. Luminant proposes to use these established fence lines as the right-of-way boundary on each side of these roads where they exist. Actual field measurements of the right-of-way widths (fence to fence) of several of these county roads yielded an average width of 40 feet. Therefore, where no fence lines exist, Luminant proposes to use 40 feet as the right-of way width (or 20 feet on either side of the road as measured from the road centerline). Luminant will notify the Commission in a timely fashion should applicant become aware of a situation in which a county road right-of-way may differ from the aforementioned width.

A copy of the complete Application entitled, Kosse Mine, Permit 50 Renewal/Expansion dated July 31, 2007, consisting of 14 volumes, labeled Volumes 1 through 14 and Kosse Mine, Permit 50 Renewal/Expansion, Supplemental Document No. 1 dated April 14, 2010, consisting of 5 volumes, labeled Volumes 1 through 5 may be inspected in the main office of the Railroad Commission of Texas at 1701 North Congress, William B. Travis Building, Austin, Texas, or at the office of the Limestone County Clerk, Limestone County Courthouse, 200 W. State St., Groesbeck, Texas 76642, or at the office of the Robertson County Clerk, Robertson County Courthouse, 102 E. Decherd St., Franklin, Texas 77856

This permit application may be supplemented from time to time, with supplemental information placed in separate volumes and filed for public inspection. Interested persons should contact the Hearings Examiner or continue to check the public copies of the applications to determine current status.