TITLE natural-resources-and-conservation

Part II. Texas Parks and Wildlife Department

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §57.1 and §57.2, concerning Dredge Spoils, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7214).

These sections represent a restatement of existing Parks and Wildlife Commission policy and are repealed as part of the Commission's regulations sunset process.

The repeals remove redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeals.

The repeals are adopted under Parks and Wildlife Code §§11.011 and 11.033.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700540

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Authorized Methods of Removing Sand and Gravel from Public Waters

31 TAC §57.11

The Texas Parks and Wildlife Department in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §57.11, concerning Authorized Methods of Removing Sand and Gravel From Public Waters, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7215).

This action represents repeal of redundant sections of the Texas Administrative Code.

The section represented a restatement of existing Parks and Wildlife Commission policy and was repealed as part of the Commission's regulations sunset process.

The department received no comments concerning the proposed repeal.

The repeal is adopted under Parks and Wildlife Code §§86.001-86.019.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700541

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Shell Dredging on the Texas Gulf Coast

31 TAC §§57.41-57.51

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §§57.41-57.51, concerning Shell Dredging on the Texas Gulf Coast, without change to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7215).

This action represents a streamlining and recodification of current regulations concerning shell dredging permits as part of the Parks and Wildlife Commission regulations sunset process.

The repeals remove redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeals.

The repeals are adopted under Parks and Wildlife Code §§86.001-86.019.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700539

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Issuance of Marl, Sand, and Gravel Permits

31 TAC §§57.61-57.77

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §§57.61-57.77, concerning Issuance of Marl, Sand and Gravel Permits, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7216).

This action represents a streamlining and recodification of current regulations concerning marl, sand and gravel permits as part of the Parks and Wildlife Commission regulations sunset process. The repeals remove redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeals.

The repeals are adopted under Parks and Wildlife Code §§86.001-86.019.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700538

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Price of Sand, Shell, Gravel, and Marl

31 TAC §57.101

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §57.101, concerning Price of Sand, Shell, Gravel and Marl, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7216).

The repeal of this section was undertaken as part of the Commission Regulations Sunset process. Provisions related to price of sand, shell, gravel and marl have been recodified in new §69.121.

The repeal removes redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeal.

The repeal is adopted under Parks and Wildlife Code §86.012.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700537

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Mitigation of Fish and Wildlife Resources as a Result of Damages Incurred From Water Development and Other Construction Projects

31 TAC §57.141

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §57.141, concerning Mitigation of Fish and Wildlife Resources as a Result of Damages Incurred From Water Development and Other Construction Projects, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7217).

The section represents a restatement of existing Parks and Wildlife Commission policy are repealed as part of the Commissions regulations sunset process.

The repeal removes redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeal.

The repeal is adopted under Parks and Wildlife Code §11.011 and 12.001.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700536

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Department Comments on U.S. Army Corps of Engineers Permit Application Procedures

31 TAC §57.291

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §57.291, concerning Department Comments on U.S. Army Corps of Engineers Permit Applications Procedures, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7217).

This section represents a restatement of existing Parks and Wildlife Commission policy and is repealed as part of the Commissions regulations sunset process.

The repeal removes redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeal.

The repeal is adopted under Parks and Wildlife Code §11.011 and 11.033.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700535

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Chapter 69. Resource Protection

Expiration Provision

31 TAC §69.81

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts the repeal of §69.81, concerning Expiration Provision, without changes to the proposed text as published in the August 30, 1996, issue of the Texas Register (21 TexReg 8213).

Existing §69.81 was adopted by the Commission as a statement of intent relative to complete regulations sunset of 31 TAC, Chapter 69, Resource Protection. As a result of actions taken at the November 7 meeting, the regulations sunset of Chapter 69 was completed. These actions rendered §69.81 as redundant.

The repeal removes redundant sections from the Texas Administrative Code.

The department received no comments concerning the proposed repeal.

The repeal is adopted under Government Code, §§2001.021-2001.052.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700534

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: August 30, 1996

For further information, please call: (512) 389-4642

Issuance of Marl, Sand and Gravel Permits

31 TAC §§69.101-69.121

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts new §§69.101-69.121, concerning Issuance of Marl, Sand and Gravel Permits. Sections 69.101-69.114, 69.116-69.119 and 69.121 are adopted without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7218) and will not be republished. Sections 69.115(c) and 69.120 are adopted with changes. Amendment to §65.115(c) corrected reference to 100 cubic yards to 1,000 cubic yards of material and amendment to §69.120(3) revised wording relative to public road projects of the Texas Department of Transportation.

These sections will function by replacing the previous marl, sand and gravel permitting regulations formerly found at Chapter 57 of the Administrative Code.

The new regulations will do the following:

(1) Statutorily defined exemptions from permits will be enabled by the adoption of the findings of fact in section 69.120 of the rules. These exemptions include maintenance activities on public water supplies, maintenance activities by public utilities which do not result in the commercial sale of marl, sand or gravel; and public road projects of the Texas Department of Transportation.

(2) Standard permits will be authorized with an expedited and simplified review process for types of projects which disturb marl, sand or gravel but which have been determined to have minimal adverse impact on fish and wildlife resources. Such projects are pipeline construction across state-owned streambeds, pipeline maintenance across state-owned streambeds, and other activities which do not disturb more than 1,000 cubic yards of sedimentary material.

(3) Individual permits will be retained for larger or unique projects which do not qualify for exemptions or general permits. These activities include, but are not limited to commercial dredging operations for the sale of marl, sand or gravel.

(4) Public notice of application will be required for general and individual permits.

(5) Opportunity for hearing will be provided for individual permit applications.

(6) Best Management Practices are defined as a condition of General permits.

(7) An environmental impact review will be required for all individual permits at sites which have not been permitted for the past five years unless an approved impact review has been completed for that site within the past five years.

The department received four comments from members of the potentially affected and regulated community supporting the proposed rules. The department received one comment from the Texas Department of Transportation supporting the rules but commenting on a section of the rules which limited the applicablity of an exemption to less than what appeared to be statutprily allowed. The department agreed with the comment and incorporated the change requested.

Parks and Wildlife Code Chapter 86 grants authority to the commission and department to regulate the taking and disturbance of marl, sand and gravel from state-owned streambeds. This authority includes the power to permit the taking or disturbance by rule and by permit; the power to grant administrative hearings to persons protesting such permit actions; the power to sell the marl, sand and gravel taken pursuant to permit; the power to establish, within defined limits; the conditions under which such permits may be issued, and the power to enforce, criminally or civilly, violations of the statute, rules and permits.

The Department has evaluated the rules adopted in accordance with the Private Real property Rights Preservation Act, Chapter 2007, of the Government Code, and determined that no private property is directly affected by the adoption or implementation of these rules and that there is no takings impact which fall within the purview of Section 2007.002(5) of that Act.

The new rules are adopted under Parks and Wildlife Code §§86.001-86.019.

§69.115. General Permits.

(a)

Under the terms of a general permit, the executive director may authorize the following activities:

(1)

pipeline construction;

(2)

pipeline maintenance; and

(3)

other activities that necessitate the disturbance or removal of less than 1,000 cubic yards of sedimentary material.

(b)

Activities which do not qualify for a general permit may only be authorized by an individual permit issued pursuant to §69.105 of this title (relating to Application Procedure: Individual Permit).

(c)

If the executive director finds that the disturbance or removal of sedimentary material of less than 1,000 cubic yards is likely to adversely affect any natural resource listed in §86.004 of the Parks and Wildlife Code in the manner prohibited by the Code, the director may require an individual permit issued pursuant to §69.105 of this title (Application Procedure: Individual Permit).

§69.120. Exemptions.

The commission finds that the state will not be deprived of significant revenue and there will be no significant adverse effects on navigation, the coastal sediment budget, riverine hydrology, erosion, or fish and wildlife resources or their habitat and following activities therefor exempt from any permit requirement of the department or payment to the department for sedimentary material removed from the public waters of this state:

(1)

projects to restore or maintain the storage capacity of existing public water supplies;

(2)

maintenance projects carried out by public utilities for noncommercial purposes; and

(3)

public road projects of the Texas Department of Transportation.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700533

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642

Shell Dredging on the Texas Gulf Coast

31 TAC §§69.201-69.209

The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts new §§69.201-69.209, concerning Shell Dredging on the Texas Gulf Coast, without changes to the proposed text as published in the July 30, 1996, issue of the Texas Register (21 TexReg 7223). The new rules represent a recodification and streamlining of existing rules in accordance with the Parks and Wildlife Commission regulations sunset process.

This action represents a recodification with updated internal citations and references of current regulations concerning shell dredging permits.

These sections will function by replacing the previous shell dredging permitting regulations formerly found at Chapter 57 of the Administrative Code. The new regulations make no substantive change to existing regulations.

The department did not receive comments from the general public or regulated community concerning these rules.

Parks and Wildlife Code Chapter 86 grants authority to the commission and department to regulate the taking and disturbance of shell and mudshell within the tidewater limits of the state and on islands within those limits. This authority includes the power to permit the taking or disturbance by rule and by permit; the power to grant administrative hearings to persons protesting such permit actions; the power to sell shell and mudshell taken pursuant to permit; the power to establish, within defined limits; the conditions under which such permits may be issued, and the power to enforce, criminally or civilly, violations of the statute, rules and permits.

The Department has evaluated the rules adopted in accordance with the Private Real property Rights Preservation Act,Chapter 2007, of the Government Code, and determined that no private property is directly affected by the adoption or implementation of these rules and that there is no takings impact which fall within the purview of Section 2007.002(5) of that Act.

The new rules are adopted under Parks and Wildlife Code §§86.001-86.019.

Issued in Austin, Texas, on January 14, 1997.

TRD-9700542

Bill Harvey

Regulatory Coordinator

Texas Parks and Wildlife Department

Effective date: February 4, 1997

Proposal publication date: July 30, 1996

For further information, please call: (512) 389-4642