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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 15COASTAL AREA PLANNING
SUBCHAPTER BCOASTAL EROSION PLANNING AND RESPONSE
RULE §15.44Beneficial Use of Dredged Materials

(a) If a project receives funds from the coastal erosion response account, 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 wherever practicable. The Land Office, in consultation with a qualified project partner, shall evaluate the practicality and suitability of proposed beneficial use of dredged material in accordance with this section and shall consider relative cost of the material and the sediment composition.

(b) A portion of the 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 considered 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 Land Office and qualified 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 suitable for placement on eroding beaches or wetlands from another source, including transportation costs. In the case of placement for wetland restoration, the cost of soil preparation and treatment may 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 Material," USACE, 30 June 1987 and U.S. Army Corps of Engineers, Publication No. EM 1110-2-1100, "Coastal Engineering Manual - Part V," Chapter 4, Beach Fill Design, USACE, 1 August 2008. Copies of these publications can be obtained on request by mail sent to the General Land Office, Attn: Director, Planning, Permitting and Technical Services Division, Coastal Resources Program Area, P.O. Box 12873, Austin, TX 78711-2873 and the U.S. Army Corps of Engineers web site located at http://140.194.76.129/publications/eng-manuals/. Only beach-quality sand shall be considered for beach placement.

(e) In this section "beach-quality sand" means sediment material 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, Title 40, Part 261, Subpart D - Lists of Hazardous Wastes, 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, 30 June 1987. Copies of this publication can be obtained on request by mail sent to the General Land Office, Attn: Director, Planning, Permitting and Technical Services Division, Coastal Resources Program Area, P.O. Box 12873, Austin, TX 78711-2873 and/or the U.S. Army Corps of Engineers web site located at http://140.194.76.129/publications/eng-manuals.

(g) This section applies only to an erosion response project that receives funds from the coastal erosion response account after the effective date of this section.


Source Note: The provisions of this §15.44 adopted to be effective July 9, 2003, 28 TexReg 5196; amended to be effective September 11, 2005, 30 TexReg 5371; amended to be effective February 27, 2011, 36 TexReg 1158

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