Permit Withdrawal Notice
Uploaded by
The TexanPermit Withdrawal Notice
Uploaded by
The TexanDOCKET NO.
OG-20-00004639
APPLICATION OF PA PROSPECT § BEFORE THE
CORPORATION (631632) PURSUANT §
TO 16 TAC § 3.8 FOR A PERMIT TO §
OPERATE A STATIONARY §
TREATMENT FACILITY FOR THE §
SAN AUGUSTINE HWY 103 STF §
FACILITY, PERMIT NOS. CN-0153, § RAILROAD COMMISSION
R9 06-1814, CN-012917, CN-012919, §
CN-012920, CN-012921, CN-012923, §
CN-012924, CN-012925, AND CN- §
012926, SAN AUGUSTINE COUNTY, §
TEXAS FOR OIL AND GAS WASTE, §
DISTRICT 06 § OF TEXAS
PA PROSPECT CORPORATION’S NOTICE OF WITHDRAWAL
AND MOTION TO DISMISS WITHOUT PREJUDICE
COMES NOW, PA Prospect Corporation (“Applicant”) and files this Notice of
Withdrawal and Motion to Dismiss Without Prejudice, and would respectfully show the following:
The subject application for the above-styled permit numbers in this case was found to be
administrative complete by Technical Permitting. Subsequently, throughout these proceedings,
Applicant has attempted to address the concerns of the protestants and Railroad Commission’s
Hearings Division staff by proposing safeguards to be incorporated into the subject application.
Some of the additional safeguards or changes were requested by the Hearing Examiners, such as
adding extensive additional tankage in place of the standard, lined ponds for maintenance of
contact stormwater.1 As a result of these proposals, the Proposal for Decision (“PFD”) issued in
this matter contains Proposed Findings of Fact and Proposed Conclusions of Law indicating that
the said subject application is incomplete and therefore does not meet the requirements of
1 See Applicant’s Exhibit 94, which was created as a response to this request.
APPLICANT’S MOTION TO WITHDRAW AND DISMISS
Page 2 of 4
Statewide Rule 8.2 Therefore, Applicant hereby withdraws the subject application and moves to
dismiss this docket without prejudice.
Proposed Finding of Fact no. 22 states, “The various changes to the figures and the
narration of the Facility scope and operation have created new deficiencies so that the application,
if it were under review at the staff level, would be no longer considered administratively complete,
and additional information would be required.” Proposed Finding of Fact no. 21 summarizes the
additional information that would be required, which additional information is fully stated in the
body of the PFD in the section titled “E. Staff’s Report.”
The Proposed Findings of Fact and Conclusions of Law are analogous to the circumstances
of administrative denial contemplated by 16 Tex. Admin. Code § 1.201(c)(4), which states in
pertinent part: “…if the application is still incomplete, the division or section shall administratively
deny the application…. The applicant may withdraw the application.” Applicant hereby exercises
its option to withdraw the application.
Dismissal of this docket by the Commissioners or the Hearings Director is proper, pursuant
to 16 Tex. Admin. Code § 1.107, “under such conditions and for such reasons as are found to be
just and reasonable, including… withdrawal; [or] moot questions….” Because the subject
application is withdrawn, dismissal of the docket is appropriate.
Therefore, premises considered, Applicant hereby withdraws the subject application and
requests that this docket dismissed without prejudice.
Respectfully Submitted,
HANCE SCARBOROUGH, LLP
_/s/ Jay B. Stewart______________
Jay B. Stewart
2 Despite the PFD’s recognition that such amendments are allowable; see PFD p. 44, para. 1.
APPLICANT’S MOTION TO WITHDRAW AND DISMISS
Page 3 of 4
State Bar No. 19211125
Barton J. Hejny
State Bar No. 24082231
400 West 15th Street, Suite 950
Austin, Texas 78701
(512) 479-8888
(512) 482-6891 (fax)
Attorneys for Applicant PA Prospect Corporation
CERTIFICATE OF SERVICE
I certify that a true and correct copy of PA Prospect Corporation’s Motion to Withdraw
Application was served on the persons named below as indicated, on this 25th day of March, 2022,
properly addressed as follows:
Amy Jones amy.jones@rrc.texas.gov
Represented by George Neale gneale@nealelaw.com
and Charles Zhang czhang@nealelaw.com
Nina Barnett ninbobb@hughes.net
Alvin Bridges bridges_alvin@yahoo.com
Curtis Bridges curtis_bridges@yahoo.com
Margaret Ann Bridges bridges1223@yahoo.com
Cindy & W.D. Conn connbarc@aol.com
Harrel & Janet Davis daviselainej26@gmail.com
Keith DuBose kwdubose@gmail.com
Norman Hoff normanhoff07@gmail.com
Sandra Hoff sandyh122@gmail.com
Travis Erwin travis.erwin@keg1llc.com
Represented by Marisa Perales and David Frederick marisa@lf-lawfirm.com
Friends of Lake Sam Rayburn dof@lf-lawfirm.com
Amy Land tedland1966@gmail.com
Dakota Land tedland1966@gmail.com
Ted Land tedland1966@gmail.com
Patricia Lister listerpat@aol.com
Leon Loggins leon.loggins@aol.com
Linda Loggins loggins.linda@yahoo.com
Charlotte Metcalf metcalf.charlotte@yahoo.com
Cheryl Morgan cheryl.heffner@yahoo.com
Doug Morgan douglas.morgan60@yahoo.com
Kyle Stewart kyledstewart@hotmail.com
Served through Tim Tindell ttindell@freemail.com
Crown Pine Timber 1, LP
Brian Woods charleswoods1751@yahoo.com
Charles Woods charleswoods1751@yahoo.com
Connie Woods charleswoods1751@yahoo.com
Christina Ainsworth chrissiebutterflykisses@gmail.com
James Conn connranch@aol.com
Renea Conn rconn@jonesgill.com
APPLICANT’S MOTION TO WITHDRAW AND DISMISS
Page 4 of 4
Nelda Doyen marylynnmcdaniel1962@gmail.com
Bertha Edgar gbfarmgirl@gmail.com
George Edgar gbfarmgirl@gmail.com
Laraine Hutzell laraine.hutzell@gmail.com
Tom McClurg mcclurg.tom@gmail.com
Mary Lynn McDaniel marylynnmcdaniel1962@gmail.com
Carl McDaniel marylynnmcdaniel1962@gmail.com
Garwin Smith bygar22@msn.com
Courtesy copies provided to:
Rodney Ainsworth sapct4@co.san-augustine.tx.us
David Boney randycarrico@rocketmail.com
Judge Jeff Boyd jeffboyd@co.san-augustine.tx.us
Jeanette Bryan wjbryan_218@yahoo.com
Roy Bryan malindas_bryan@yahoo.com
Phillip Carrico randycarrico@rocketmail.com
David Cooney david.cooney@rrc.texas.gov
Vicky Stumbo Duncan baptistgg@yahoo.com
Myrtie Ford myrtieford@yahoo.com
Ora Fults sissy@fults.org
Roman Griffin rd.griffin@yahoo.com
Served through Amanda Haralson amandaharalson3@gmail.com
Rayburn Country Association
Amanda Haralson amandaharalson3@gmail.com
Cody Hoff choff79@yahoo.com
Represented by Joe Glenn Kahla and Matthew Morian moriankahla@mklawyers.com
Clark C. Shofner, Lone Star Spring Water Company,
LLC, and Buck Springs Operations, Inc.
Victoria King bckings55@yahoo.com
David Lewis dav1l1@yahoo.com
Linda Lewis homesteadhomee@gmail.com
Frank Marshall frankmarshall5847@gmail.com
Roland Marshall rolandcmarshall1965@gmail.com
Larry McCormick larrymccormick456@gmail.com
Ellen Reeder ellenswartz@sbcglobal.net
Geoffrey Reeder gbreeder@sbcglobal.net
Jo Ellen Shofner larryjshofner@yahoo.com
Tara Smith tarasmithrealtor@yahoo.com
Jean Steptoe giggysteptoe@yahoo.com
Connie Sympson connie@jacksonhill.us
Terry Sympson terry@jacksonhill.us
Nickie & Ray Tarver nickietarver@gmail.com
Marie Yager marielaughs@gmail.com
_/s/ Jay B. Stewart_______________
Jay B. Stewart