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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 69RESOURCE PROTECTION
SUBCHAPTER HISSUANCE OF MARL, SAND, AND GRAVEL PERMITS
RULE §69.111Requirements

(a) The director may make such reasonable requirements of the permittee as required to effectuate the intent of Chapter 86 of the Parks and Wildlife Code.

(b) For individual permits the director shall require the permittee to make a good and sufficient bond payable to the department, and conditioned upon the prompt payment of charges for sedimentary materials and any damage done to property under the ownership or trusteeship of the state.

(c) The director shall require the permittee to:

  (1) for individual permits, make a sworn report no later than the tenth of each month on all materials removed from public waters during the preceding month at the approved location or locations;

  (2) maintain permanent records of all materials removed, stockpiled, or sold;

  (3) make such records available to department representatives any time; and

  (4) make a monthly report whether or not any materials are removed.

(d) All permittees shall submit a report no later than the 30th day after the permit expiration date. The report shall:

  (1) be made by certified mail to: Texas Parks and Wildlife Department, Sand and Gravel Program, 4200 Smith School Rd., Austin, TX 78744;

  (2) contain a sworn, notarized verification that the contents of the report are true and correct;

  (3) be mailed no later than 30 days from the date of permit expiration; and

  (4) state the total volume of marl, sand, gravel, shell, or mudshell removed during the term of the permit.

(e) The director shall require the permittee to remit to the department the established price on sedimentary materials removed during the month for which each monthly report is made. These prices are subject to change by the commission with the approval of the Governor of the State of Texas.

(f) The director shall require that the permittee not interfere with state or federal improvements, navigation, fish life, or riparian rights of landowners in or along any navigable stream or public body of water.


Source Note: The provisions of this §69.111 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective September 19, 2019, 44 TexReg 5060

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