<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §69.117Notification and Reporting for General Permits

(a) Notification to the department.

  (1) At least 30 days prior to the commencement of the proposed activity, the applicant shall notify the department at its headquarters address of 4200 Smith School Road, Austin, Texas 78744, of the proposed activity by certified mail, return receipt requested. The letter shall, at a minimum, include:

    (A) the name, address, and telephone number of the applicant;

    (B) a description of the proposed activity or a plan of the proposed project;

    (C) the size of the pipeline or cable, the width of the proposed trench, and the width of the right-of-way to be disturbed;

    (D) a vicinity map showing the location of the proposed activity;

    (E) the estimated amount of sedimentary material to be disturbed or removed and a description of its intended final disposal area; and

    (F) the date that the proposed activity will begin;

    (G) a statement disclosing whether or not any species listed as state or federal threatened or endangered species might be affected by, or found in the vicinity of, the proposed project; and

    (H) maps, drawings and/or photographs depicting property of adjacent landowners and other resources including trees, wetlands, aquatic habitats such as channels or shallows.

  (2) An activity is authorized if there is no response from the department within 30 days from the date of notification. A written confirmation of authorization may be obtained from the department, if requested.

(b) Public notice. Simultaneous with the notification to the department required by subsection (a) of this section, the applicant must give public notice by publication for one day in the daily newspaper of greatest circulation in the county or counties to affected by the issuance of the permit, and a copy of the notice shall be posted at the county courthouse(s) in the affected county or counties. Such notice shall describe the proposed activity, specify the location of the proposed activity, specify the date that operations are to begin, and contain language informing the public that written comments may be sent to the executive director at 4200 Smith School Road, Austin, Texas 78744 or by calling 1-800-792-1112.

(c) Waiver of notice requirement. The notification requirements of subsection (b) of this section shall not apply in the case of an emergency that requires immediate action to prevent a threat to human health and safety or the environment. In such instances the applicant shall promptly notify the department that an emergency exists, and within ten days of completing an emergency activity, submit a written report to the department. Such report shall include:

  (1) the name, address, and telephone number of the applicant;

  (2) a description of the emergency activity;

  (3) a small-scale map showing the location of the emergency activity;

  (4) the estimated amount of sedimentary material disturbed or removed as a result of the emergency activity; and

  (5) the date(s) the emergency activity took place.

(d) Additional requirements. The department may, at its discretion, require a permittee to furnish reports during and after any activity authorized under the provisions of this undesignated head.

Source Note: The provisions of this §69.117 adopted to be effective February 4, 1997, 22 TexReg 958.

Next Page Previous Page

Home TxReg TAC OM NewTac Public Footer Bar