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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 69RESOURCE PROTECTION
SUBCHAPTER HISSUANCE OF MARL, SAND, AND GRAVEL PERMITS
RULE §69.105Application Procedures: Individual Permit

(a) The application for an individual permit shall set forth the proposed location, quantities, kinds of materials to be removed, equipment to be used, period of time, names of alongshore property owners on both sides of the waterway for one-half mile both upstream and downstream of the proposed operation, and other information as may be required.

(b) Within 30 days of receipt of an administratively complete application, the department shall:

  (1) set a time and place for a public comment hearing to receive public comment on the application;

  (2) publish notice of the public comment hearing in the Texas Register at least 20 days prior to the hearing date;

  (3) mail a copy of the notice to all alongshore property owners as listed in the application and to any person who has made a written request for forwarding of this information, and shall notify the applicant;

  (4) send a copy of the notice to the daily newspaper of greatest circulation in the county or counties to be affected by the issuance of the permit, with a request that the notice be published for three consecutive days; and

  (5) send a copy of the notice to the daily or weekly local newspaper, where available, in the community nearest the proposed location, with a request that the notice be published for one day.

(c) The public notice shall set forth in full any trade or corporate name used by the applicant. The applicant shall be responsible for prompt and full payment for all newspaper notice required.

(d) A completed publisher's affidavit for all required newspaper notice shall be required prior to commencement of a contested case hearing.

(e) The department shall set a 30-day public comment period to begin on the date of publication in the Texas Register or the newspaper(s), whichever is later. All relevant public comment shall be presented to the executive director or the commission at the time the permit application is presented for decision.


Source Note: The provisions of this §69.105 adopted to be effective February 4, 1997, 22 TexReg 958.

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