| (4) General Land Office notification of mitigation
or compensation certification. Local governments shall provide written
notification to the General Land Office after determining that the
mitigation or compensation is complete as defined in paragraph (3)
of this subsection. The General Land Office may conduct a field inspection
to verify compliance with this subchapter. If the local government
does not receive an objection from the General Land Office regarding
the completion of mitigation or compensation within 30 working days
after the General Land Office is notified in writing, the local government
may certify that the mitigation or compensation is complete.
(5) Violation of mitigation or compensation deadline.
The General Land Office (GLO) recognizes that the time necessary to
restore dunes and dune vegetation varies with factors such as climate,
time of year, soil moisture, plant stability, and storm activity.
The permittee must complete the sand placement, and, if applicable,
the dune vegetation relocation or planting portions of the mitigation
or compensation plan within one year of initiation of construction.
The permittee shall be deemed to have failed to achieve mitigation
or compensation if a 1:1 ratio has not been achieved within three
years after initiation of construction, and the GLO may initiate enforcement
as provided in Section 15.9 of this title (relating to Enforcement,
Penalties and Remedial Orders).
|
| Source Note: The provisions of this §15.4 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective February 23, 2015, 40 TexReg 819; amended to be effective May 8, 2023, 48 TexReg 2343 |
