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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 §69.118Best Management Practices

(a) In issuing a general permit, the department relies in part on the information provided by the permittee with the notification. If such information proves to be false, incomplete, or inaccurate, a permit may be modified, suspended, or revoked, in whole or in part following the administrative proceedings required by law.

(b) Structures and activities authorized under a general permit shall be in compliance with all applicable terms and conditions of §69.115 of this title (relating to General Permits), §69.117 of this title (relating to Notification and Reporting for General Permits), and this section. Failure to abide by such conditions invalidates the authorization and may constitute operation without a permit.

(c) Permittee shall not prevent the full and free public use of navigable waters at or adjacent to the project.

(d) There shall be no interference with navigation.

(e) Permittee shall make every reasonable effort to conduct the activities authorized hereunder in a manner which minimizes any adverse impact of the work on water quality, fish and wildlife and their habitats, and the natural environment.

(f) Permittee shall allow authorized department representatives access to the project site as needed for periodic inspections to ensure that the activity being performed under this authorization is consistent with the terms and conditions herein.

(g) Stream or river realignment is not authorized under the general permit. Activities shall not restrict or impede the passage of normal or expected high flows or cause the relocation or diversion of water.

(h) The project shall be designed to be stable against the forces of flowing water, wave action, and the wake of passing vessels.

(i) Appropriate erosion and siltation controls shall be used and maintained in effective operating condition during construction and all exposed soil and other fills shall be stabilized at the earliest practicable date.

(j) Activities conducted in wetlands shall be avoided if practicable. If not practicable, wetland activities shall be minimized through the use of other alternatives. Heavy equipment working in wetlands must be placed on mats, or other equivalent measures must be taken to minimize soil disturbance.

(k) No activities may occur within 1,000 feet of a public water supply intake, except for construction or repair of public water supply intake structures or adjacent bank stabilization.

(l) No authorization is granted under the general permit for an activity that is likely to result in the take of or jeopardize the continued existence of a threatened or endangered state or federal species or a species proposed for such designation, or for an activity that is likely to destroy or adversely modify the designated critical habitat of such species.

(m) The project shall not significantly disrupt the movement of species or aquatic life indigenous to the water body or those species that normally migrate through the project area. Activities in spawning areas during spawning seasons or in breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.

(n) Trees, particularly mast-producing trees such as oaks and hickories, shall be avoided wherever practicable.


Source Note: The provisions of this §69.118 adopted to be effective February 4, 1997, 22 TexReg 958.

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