Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter H - ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS › Section 69.118 - Best Management Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  issuing a permit, the department relies in part on the information provided by
				  the permittee with the application. If such information proves to be false,
				  incomplete, or inaccurate, a permit may be modified, suspended, or revoked, in
				  whole or in part following the administrative proceedings required by
				  law.
(b) Structures and activities
				  authorized under a general permit shall be in compliance with all applicable
				  terms and conditions of §
										69.115
				  of this title (relating to General Permits) and this section. Failure to abide
				  by such conditions invalidates the permit and may constitute operation without
				  a permit.
(c) Permittee shall not
				  prevent the full and free public use of navigable waters at or adjacent to the
				  project.
(d) There shall be no
				  interference with navigation.
(e)
				  Permittee shall make every reasonable effort to conduct the activities
				  authorized hereunder in a manner which minimizes any adverse impact of the work
				  on water quality, fish and wildlife and their habitats, and the natural
				  environment.
(f) Permittee shall
				  allow authorized department representatives access to the project site as
				  needed for periodic inspections to ensure that the activity being performed
				  under the permit is consistent with the terms and conditions herein.
(g) Stream or river realignment is not
				  authorized under the general permit. Activities shall not restrict or impede
				  the passage of normal or expected high flows or cause the relocation or
				  diversion of water.
(h) The project
				  shall be designed to be stable against the forces of flowing water, wave
				  action, and the wake of passing vessels.
(i) Appropriate erosion and siltation
				  controls shall be used and maintained in effective operating condition during
				  construction and all exposed soil and other fills shall be stabilized at the
				  earliest practicable date.
(j)
				  Activities conducted in wetlands shall be avoided if practicable. If not
				  practicable, wetland activities shall be minimized through the use of other
				  alternatives. Heavy equipment working in wetlands must be placed on mats, or
				  other equivalent measures must be taken to minimize soil disturbance.
(k) No activities may occur within 1,000 feet
				  of a public water supply intake, except for construction or repair of public
				  water supply intake structures or adjacent bank stabilization.
(l) No authorization is granted under the
				  general permit for an activity that is likely to result in the take of or
				  jeopardize the continued existence of a threatened or endangered state or
				  federal species or a species proposed for such designation, or for an activity
				  that is likely to destroy or adversely modify the designated critical habitat
				  of such species.
(m) The project
				  shall not significantly disrupt the movement of species or aquatic life
				  indigenous to the water body or those species that normally migrate through the
				  project area. Activities in spawning areas during spawning seasons or in
				  breeding areas for migratory waterfowl must be avoided to the maximum extent
				  practicable.
(n) Trees,
				  particularly mast-producing trees such as oaks and hickories, shall be avoided
				  wherever practicable.