| (a) The application for a permit (either individual
or general) 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 mile both upstream and downstream of the proposed operation,
and other information as may be required.
(b) All applications shall include:
(1) a completed sand and gravel permit application
on a form provided by the department;
(2) a completed publisher's affidavit for notice approved
by the department published in:
(A) the daily or weekly newspaper with the greatest
circulation in the county or counties affected by the issuance of
the permit for three consecutive days, if daily, and if weekly, in
three consecutive weeks; and
(B) one newspaper published for the community closest
to the proposed area of disturbance, if any;
(3) proof that notice approved by the department was
sent by certified mail to all alongshore property owners within one
river mile upstream and downstream of the proposed area of disturbance
described in the application;
(4) a sedimentation impact assessment, including an
evaluation of sediment budget, erosion rates of the river segment
to be affected, and the effect on coastal and receiving waters, approved
by the department; and
(5) a project description that includes, at a minimum:
(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) if applicable, 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 maximum amount of sedimentary material to be
disturbed or removed and a description of its intended final disposal
area;
(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; and
(6) any requested amendments to the permit, if the
application is for the renewal of a permit.
(c) The public notice shall set forth a time and place
for a public comment hearing to receive public comment on the application.
(d) Within 30 days of receipt of an administratively
complete application, the department shall:
(1) publish notice of the public comment hearing in
the Texas Register at least 20 days prior to the hearing date; and
(2) mail a copy of the notice to any person who has
made a written request for forwarding of this information, and shall
notify the applicant;
(e) 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.
(f) A completed publisher's affidavit for all required
newspaper notice shall be required prior to commencement of a contested
case hearing.
(g) 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.
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