Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,919
2821-2988 p. ; 28 cm.View a full description of this periodical.
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(a) Wherever practicable, material dredged in constructing and
maintaining navigation inlets and channels of the state shall be placed on
eroding beaches or used to restore eroding wetlands. The Land Office
shall evaluate the practicality and suitability of proposed beneficial use
of dredged material in accordance with this section and shall consider
sediment composition, relative cost of the material, and adverse environ-
mental impacts.
(b) A portion ofthe shoreline which is experiencing an historical
erosion rate of greater than two feet per year based on the published data of
the University of Texas at Austin Bureau of Economic Geology, is consid-
ered an eroding area for the purposes of this subchapter.
(c) For the purposes of this subchapter, beneficial use of dredged
material shall not be deemed practicable if the cost to the State and local
project partner for placement of the material dredged in constructing
and maintaining navigation inlets and channels of the State exceeds
the cost of obtaining similar material from an upland source, including
transportation costs. In the case of placement for wetland restoration, the
cost of soil preparation and treatmentmay also be considered.
(d) In determining the suitability and practicality of dredged
material for beach placement the Land Office may refer to the guidance
found in Chapter 9 of U.S. Army Corps of Engineers, Publication No. EM
1110-2-5026 "Engineering & Design, Beneficial Uses of Dredged Mate-
rial," USACE, June 1987 and U.S. Army Corps of Engineers, Publication
No. EM 1110-2-3301, "Design ofBeachFills," USACE, May 1995. Only
beach-quality sand shall be considered forbeach placement.
(e) Inthis section "beach-quality sand" means sedimentmaterial
that:
(1) has effective grain size, mineralogy, and quality that
approximates the existing beach material in the placement area;
(2) is low in fine grain, silty, or clayey sediments; and
(3) contains no hazardous substances listed in the Code of
Federal Regulations, Volume 40, Part 300, in concentrations which are
harmful to human health or the environment as determined by applicable,
relevant, and appropriate requirements established by the local, state, and
federal governments.
(f) In determining the suitability and practicality of placement
of dredged material for wetland restoration, the Land Office may refer
to the guidance found in Chapter 5 of U.S. Army Corps of Engineers,
Publication No. EM 1110-2-5026 "Engineering & Design, Beneficial
Uses of Dredged Material," USACE, June 1987.
(g) In determining whether aproposedbeneficial use ofdredged
material has unacceptable adverse environmental impacts, the Land
Office may consider any recommendations or comments by the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, the Natural Resources Conservation
Service, the U.S. Army Corps of Engineers, the Texas Natural Resource
Conservation Commission, the Texas Parks and Wildlife Department,
and the implementing agency for a national estuary program developed
under Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
Section 1330) and approvedby the governor of Texas and the administra-
tor of the United States Environmental Protection Agency.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301882Larry L. Laine
Chief Clerk, Deputy Commissioner
General Land Office
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 305-9129PART 10. TEXAS WATER
DEVELOPMENT BOARD
CHAPTER 359. WATER BANKING
31 TAC 359.2, 359.14
The Texas Water Development Board (the board) proposes
amendment to 31 TAC 359.2 and 359.14, concerning Water
Banking. The amendments are proposed to update a definition
and to change the requirement for fee schedule approval. The
amendments will provide cleanup and clarification as a result
of the four-year rule review requirement of Texas Government
Code 2001.039.
The board proposes to amend 359.2, Definitions, to update
the definition of "Commission" from the "The Texas Natural Re-
source Conservation Commission" to "The Texas Commission
on Environmental Quality." Amendment to 359.14, Fees, is pro-
posed to change the requirement for approval of the fee schedule
from two years, to an as needed basis.
The original intent in adopting the fee schedule revisions every
two years was to provide an adjustment to the fees if market
prices made the amount unduly burdensome and interfered with
the use of the water bank for marketing. However, based on
the water bank activities to date, staff considers the current fee
structure reasonable and does not, at this time, foresee any sig-
nificant water market changes or objections to the fee schedule
by the public that would warrant a biennial reconsideration of the
fee.
Ms. Melanie Callahan, Director of Fiscal Services, has deter-
mined that for the first five-year period these sections are in effect
there will not be fiscal implications on state and local government
as a result of enforcement and administration of the sections.
Ms. Callahan has also determined that for the first five years
the sections as proposed are in effect the public benefit antici-
pated as a result of enforcing the sections will be clearer, more
concise board rules governing these areas. Ms. Callahan has
determined there will not be economic costs to small businesses
or individuals required to comply with the sections as proposed.
Comments on the proposed amendment will be accepted
for 30 days following publication and may be submitted to
Suzanne Schwartz, General Counsel, Texas Water Develop-
ment Board, P.O. Box 13231, Austin, Texas, 78711-3231, by
e-mail to suzanne.schwartz@twdb.state.tx.us or by fax at (512)
463-5580.
Statutory authority: Water Code, 6.101 and 15.703(b).
Cross reference to statute: Water Code, Chapter 15, Subchapter
K and Chapter 11, Subchapter E.
359.2. Definitions.
The following words and terms when used in this chapter shall have the
following meanings, unless the context clearly indicates otherwise:
(1) - (3) (No change.)PROPOSED RULES April 4, 2003 28 TexReg 2919
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/98/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.