(a) These rules establish the procedures for the issuance
of permits for the taking of sedimentary materials from the public
waters of this state.
(b) Permits issued pursuant to these rules are not
contracts, but are evidence of permission granted by the commission,
acting through the executive director of the department, to operate
strictly in accordance with the terms of the permit.
(c) Prior to issuing a permit under this section for
the disturbance of marl sand and gravel within the Coastal Management
Program Boundary as defined in §503.1 of this title (relating
to Coastal Management Program Boundary) the department shall comply
with the requirements of §69.91 and §69.93 of this title
(relating to Consistency; Threshold for Referral) and §505.30
of this title (relating to Agency Consistency Determination). Grant
or denial of an application for a permit under this section is not
a final agency action appealable for purposes of judicial review under
the Texas Administrative Procedure Act, Texas Government Code, Title
10, Subtitle A, §2001.171, until the jurisdiction of the Coastal
Coordination Council has lapsed.
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