Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,048
7013-7230 p. ; 28 cm.View a full description of this periodical.
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(1) If the costs of the beneficial use of dredged material
are reasonably comparable to the costs of disposal in a non-beneficial
manner, the material shall be used beneficially.
(2) If the costs of the beneficial use of dredged material are
significantly greater than the costs of disposal in a non-beneficial man-
ner, the material shall be used beneficially unless it is demonstrated that
the costs of using the material beneficially are not reasonably propor-
tionate to the costs of the project and benefits that will result. Factors
that shall be considered in determining whether the costs of the bene-
ficial use are not reasonably proportionate to the benefits include, but
are not limited to:
(A) environmental benefits, recreational benefits, flood
or storm protection benefits, erosion prevention benefits, and economic
development benefits;
(B) the proximity of the beneficial use site to the dredge
site; and
(C) the quantity and quality of the dredged material and
its suitability for beneficial use.
(3) Examples of the beneficial use of dredged material in-
clude, but are not limited to:
(A) projects designed to reduce or minimize erosion or
provide shoreline protection;
(B) projects designed to create or enhance public
beaches or recreational areas;
(C) projects designed to benefit the sediment budget or
littoral system;
(D) projects designed to improve or maintain terrestrial
or aquatic wildlife habitat;
(E) projects designed to create new terrestrial or aquatic
wildlife habitat, including the construction of marshlands, coastal wet-
lands, or other critical areas;
(F) projects designed and demonstrated to benefit ben-
thic communities or aquatic vegetation;
(G) projects designed to create wildlife management ar-
eas, parks, airports, or other public facilities;
(H) projects designed to cap landfills or other waste dis-
posal areas;
(I) projects designed to fill private property or upgrade
agricultural land, if cost-effective public beneficial uses are not avail-
able; and
(J) projects designed to remediate past adverse impacts
on the coastal zone.
(e) If dredged material cannot be used beneficially as provided
in subsection (d)(2) of this section, to avoid and otherwise minimize
adverse effects as required in subsection (a) of this section, preference
will be given to the greatest extent practicable to disposal in:
(1) contained upland sites;
(2) other contained sites; and
(3) open water areas of relatively low productivity or low
biological value.
(f) For new sites, dredged materials shall not be disposed of
or placed directly on the boundaries of submerged lands or at such lo-
cation so as to slump or migrate across the boundaries of submerged
lands in the absence of an agreement between the affected public ownerand the adjoining private owner or owners that defines the location of
the boundary or boundaries affected by the deposition of the dredged
material.
(g) Emergency dredging shall be allowed without a prior con-
sistency determination as required in the applicable consistency rule
when:
(1) there is an unacceptable hazard to life or navigation;
(2) there is an immediate threat of significant loss of prop-
erty; or
(3) an immediate and unforeseen significant economic
hardship is likely if corrective action is not taken within a time period
less than the normal time needed under standard procedures. The
council secretary shall be notified at least 24 hours prior to commence-
ment of any emergency dredging operation by the agency or entity
responding to the emergency. The notice shall include a statement
demonstrating the need for emergency action. Prior to initiation of
the dredging operations the project sponsor or permit-issuing agency
shall, if possible, make all reasonable efforts to meet with council's
designated representatives to ensure consideration of and consistency
with applicable policies in this subchapter. Compliance with all
applicable policies in this subchapter shall be required at the earliest
possible date. The permit-issuing agency and the applicant shall
submit a consistency determination within 60 days after the emergency
operation is complete.
(h) Mining of sand, shell, marl, gravel, and mudshell on sub-
merged lands shall be prohibited unless there is an affirmative showing
of no significant impact on erosion within the coastal zone and no sig-
nificant adverse effect on coastal water quality or terrestrial and aquatic
wildlife habitat within any CNRA.
(i) The GLO and the SLB shall comply with the policies in this
section when approving oil, gas, and other mineral lease plans of oper-
ation and 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, for dredging and dredged ma-
terial disposal and placement. TxDOT shall comply with the policies in
this subchapter when adopting rules and taking actions as local sponsor
of the Gulf Intracoastal Waterway under Texas Civil Statutes, Article
5415e-2. The TCEQ and the RRC shall comply with the policies in this
section when issuing certifications and adopting rules under Texas Wa-
ter Code, Chapter 26, and the Texas Natural Resources Code, Chapter
91, governing certification of compliance with surface water quality
standards for federal actions and permits authorizing dredging or the
discharge or placement of dredged material. The TPWD shall comply
with the policies in this section when adopting rules at Chapter 57 of
this title (relating to Fisheries) governing dredging and dredged mate-
rial disposal and placement. The TPWD shall comply with the policies
in subsection (h) of this section when adopting rules and issuing per-
mits under Texas Parks and Wildlife Code, Chapter 86, governing the
mining of sand, shell, marl, gravel, and mudshell.
501.26. Policies for Construction in the Beach/Dune System.
(a) Construction in critical dune areas or areas adjacent to or
on Gulf beaches shall comply with the following policies:
(1) Construction within a critical dune area that results in
the material weakening of dunes and material damage to dune vegeta-
tion shall be prohibited.
(2) Construction within critical dune areas that does not
materially weaken dunes or materially damage dune vegetation shall
be sited, designed, constructed, maintained, and operated so that ad-
verse "effects" (as defined in 15.2 of this title (relating to Coastal Area
Planning) on the sediment budget and critical dune areas are avoided29 TexReg 7048 July 23, 2004 Texas Register
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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/m1/35/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.