Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,045
7013-7230 p. ; 28 cm.View a full description of this periodical.
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(b) The TCEQ and the RRC shall comply with the policies in
this section when issuing certifications and adopting rules under Texas
Water Code, Chapter 26, and the Texas Natural Resources Code, Chap-
ter 91, governing certification of compliance with surface water qual-
ity standards for federal actions and permits authorizing development
affecting critical areas; provided that activities exempted from the re-
quirement for a permit for the discharge of dredged or fill material, de-
scribed in Code of Federal Regulations, Title 33, 323.4 and/or Code
of Federal Regulations, Title 40, 232.3, including but not limited to
normal farming, silviculture, and ranching activities, such as plowing,
seeding, cultivating, minor drainage, and harvesting for the production
of food, fiber, and forest products, or upland soil and water conservation
practices, shall not be considered activities for which a certification is
required. The GLO and the SLB shall comply with the policies in this
section when approving oil, gas, or other mineral lease plans of oper-
ation or granting surface leases, easements, and permits and adopting
rules under the Texas Natural Resources Code, Chapters 32, 33 and 51
- 53, and Texas Water Code, Chapter 61, governing development af-
fecting critical areas on state submerged lands and private submerged
lands, and when issuing approvals and adopting rules under Texas Civil
Statutes, Article 5421u, for mitigation banks operated by subdivisions
of the state.
(c) Agencies required to comply with this section will coordi-
nate with one another and with federal agencies when evaluating al-
ternatives, determining appropriate and practicable mitigation, and as-
sessing significant degradation. Those agencies' rules governing au-
thorizations for development in critical areas shall require a demon-
stration that the requirements of subsection (a)(1) - (7) of this section
have been satisfied.
(d) For any dredging or construction of structures in, or dis-
charge of dredged or fill material into, critical areas that is subject to the
requirements of 501.15 of this title (relating to Policy for Major Ac-
tions), data and information on the cumulative and secondary adverse
affects of the project need not be produced or evaluated to comply with
this section if such data and information is produced and evaluated in
compliance with 501.15(b) - (c) of this title.
501.24. Policies for Construction of Waterfront Facilities and Other
Structures on Submerged Lands.
(a) Development on submerged lands shall comply with the
policies in this section.
(1) Marinas shall be designed and, to the greatest extent
practicable, sited so that tides and currents will aid in flushing of the
site or renew its water regularly.
(2) Marinas designed for anchorage of private vessels shall
provide facilities for the collection of waste, refuse, trash, and debris.
(3) Marinas with the capacity for long-term anchorage of
more than ten vessels shall provide pump-out facilities for marine toi-
lets, or other such measures or facilities that provide an equal or better
level of water quality protection.
(4) Marinas, docks, piers, wharves and other structures
shall be designed and, to the greatest extent practicable, sited to avoid
and otherwise minimize adverse effects on critical areas from boat
traffic to and from those structures.
(5) Construction of docks, piers, wharves, and other struc-
tures shall be preferred instead of authorizing dredging of channels or
basins or filling of submerged lands to provide access to coastal waters
if such construction is practicable, environmentally preferable, and will
not interfere with commercial navigation.(6) Piers, docks, wharves, bulkheads, jetties, groins, fish-
ing cabins, and artificial reefs (including artificial reefs for compen-
satory mitigation) shall be limited to the minimum necessary to serve
the project purpose and shall be constructed in a manner that:
(A) does not significantly interfere with public naviga-
tion;
(B) does not significantly interfere with the natural
coastal processes which supply sediments to shore areas or otherwise
exacerbate erosion of shore areas; and
(C) avoids and otherwise minimizes shading of critical
areas and other adverse effects.
(7) Facilities shall be located at sites or designed and con-
structed to the greatest extent practicable to avoid and otherwise mini-
mize the potential for adverse effects from:
(A) construction and maintenance of other development
associated with the facility;
(B) direct release to coastal waters and critical areas of
pollutants from oil or hazardous substance spills or stormwater runoff;
and
(C) deposition of airborne pollutants in coastal waters
and critical areas.
(8) Where practicable, pipelines, transmission lines,
cables, roads, causeways, and bridges shall be located in existing
rights-of-way or previously disturbed areas if necessary to avoid or
minimize adverse effects and if it does not result in unreasonable risks
to human health, safety, and welfare.
(9) To the greatest extent practicable, construction of facil-
ities shall occur at sites and times selected to have the least adverse
effects on recreational uses of CNRAs and on spawning or nesting sea-
sons or seasonal migrations of terrestrial and aquatic wildlife.
(10) Facilities shall be located at sites which avoid the im-
poundment and draining of coastal wetlands. If impoundment or drain-
ing cannot be avoided, adverse effects to the impounded or drained
wetlands shall be mitigated in accordance with the sequencing require-
ments of 501.23 of this title. To the greatest extent practicable, fa-
cilities shall be located at sites at which expansion will not result in
development in critical areas.
(11) Where practicable, piers, docks, wharves, bulkheads,
jetties, groins, fishing cabins, and artificial reefs shall be constructed
with materials that will not cause any adverse effects on coastal waters
or critical areas.
(12) Developed sites shall be returned as closely as practi-
cable to pre-project conditions upon completion or cessation of oper-
ations by the removal of facilities and restoration of any significantly
degraded areas, unless:
(A) the facilities can be used for public purposes or con-
tribute to the maintenance or enhancement of coastal water quality, crit-
ical areas, beaches, submerged lands, or shore areas; or
(B) restoration activities would further degrade CN-
RAs.
(13) Water-dependent uses and facilities shall receive pref-
erence over those uses and facilities that are not water-dependent.
(14) Nonstructural erosion response methods such as
beach nourishment, sediment bypassing, nearshore sediment berms,
and planting of vegetation shall be preferred instead of structural
erosion response methods.PROPOSED RULES July 23, 2004 29 TexReg 7045
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Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/32/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.