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RULE §69.105Application Procedures

(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.

Source Note: The provisions of this §69.105 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060

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