| (a) If a project receives funds from the coastal erosion
response account (Account), material dredged in constructing and maintaining
navigation inlets and channels of the state shall be placed on or
used to benefit, eroding beach areas or to restore or create wetlands
to mitigate erosion. The GLO, in consultation with a qualified project
partner, shall evaluate the practicality and suitability of proposed
beneficial use of dredged material in accordance with this section
and shall consider relative cost of the material and the sediment
composition.
(b) For the purposes of this subchapter, beneficial
use of dredged material shall not be deemed practicable if the cost
to the GLO and qualified project partner for placement of the material
dredged in constructing and maintaining navigation inlets and channels
of the State exceeds the cost of obtaining similar material suitable
for placement on or used to benefit, eroding beach areas or to create
wetlands from another source, including transportation costs. In the
case of placement for wetland restoration, the cost of soil preparation
and treatment may also be considered.
(c) In determining the suitability and practicality
of dredged material for beach placement the GLO may refer to the guidance
materials by the U.S. Army Corps of Engineers, relating to Engineering &
Design, Beneficial Uses of Dredged Material, Coastal Engineering,
and Beach Fill Design. Only beach-quality sand shall be considered
for beach placement.
(d) In this section "beach-quality sand means sediment
material that:
(1) has effective grain size, mineralogy, and quality
that approximates the existing beach material in the placement area;
(2) is low in fine grain, silty, or clayey sediments;
and
(3) contains no hazardous substances listed in the
Code of Federal Regulations, Title 40, Part 261, Subpart D- List of
Hazardous Wastes, in concentrations which are harmful to human health
or the environment as determined by applicable, relevant, and appropriate
requirements established by the local, state, and federal governments.
(e) In determining the suitability and practicality
of placement of dredged material for wetland restoration, the GLO
may refer to the guidance materials by the U.S. Army Corps of Engineers,
relating to "Engineering & Design, Beneficial Uses of Dredged
Material."
(f) This section applies only to an erosion response
project that receives funds from the Account.
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| Source Note: The provisions of this §15.44 adopted to be effective July 9, 2003, 28 TexReg 5196; amended to be effective September 11, 2005, 30 TexReg 5371; amended to be effective February 27, 2011, 36 TexReg 1158; amended to be effective June 12, 2019, 44 TexReg 2843 |
