| (iii) frequency and duration of data collection. (E) any reports prepared for addressing site-specific conditions and recommendations. (2) Engineering plans that may be required by the executive director for review include: (A) a quality control and assurance plan for all proposed dams. This plan must include: (i) designation and qualifications of the on-site inspector(s); (ii) designation of a testing laboratory; (iii) types and frequency of tests to be conducted; and (iv) a construction schedule. (B) a plan for closure of any proposed dam that requires a closure section. This plan must include: (i) the percentage of construction work that will be completed or the amount of construction that would be completed before closure would start; (ii) the sequence to be followed during closure; and (iii) the estimated time to complete closure. (C) a plan for addressing possible emergencies that threaten the integrity of the dam for all proposed high- and significant-hazard dams during construction. This plan must include: (i) a flow chart for notification of emergency management officials and the downstream public; (ii) identification of possible emergencies that could occur during construction and potential consequences; (iii) technical requirements for addressing any possible emergencies; and (iv) responsibilities of all parties. (e) Review and approval process. (1) The executive director shall review the final construction plans, specifications, and engineering reports and plans according to the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas. (2) If the final construction plans and specifications meet the requirements of this chapter and accepted engineering practices, the executive director shall issue written approval to the owner unless the plans and specifications are for a proposed dam and have been submitted as part of the application for a water rights permit or for an Edwards Aquifer protection plan. (A) If the final construction plans and specifications are for a proposed dam and have been submitted as part of the application for a water rights permit, the executive director shall advise the owner that the plans and specifications meet the requirements of this chapter and accepted engineering practices. However, the executive director shall not issue written approval of the final construction plans and specifications until the water rights permit is issued and a time limitation section, in compliance with Texas Water Code, Chapter 11, has been added to the water rights permit requiring construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam to be started and completed within specified time frames. (B) If the final construction plans and specifications are for a proposed dam and have been submitted as part of the application for an Edwards Aquifer protection plan, the executive director shall not issue written approval of the final construction plans and specifications until the Edwards Aquifer protection plan is issued by the appropriate regional office. (3) If the final construction plans and specifications do not meet the requirements of this chapter, the executive director shall provide the owner written comments on the items needing revision. (4) After receipt of the revised final construction plans and specifications or an addendum to the plans and specifications, the executive director shall review and issue written approval to the owner if all requirements in this chapter and accepted engineering practices have been met. (5) If all requirements still have not been met, the executive director shall either provide the owner written comments on the items still needing revision or schedule a meeting with the owner to discuss the items needing revision. (6) Upon submission of the revised, and agreed on, final construction plans and specifications or an addendum to the plans and specifications, the executive director shall issue written approval to the owner if applicable rules and accepted engineering practices have been met. (f) Time limitations after approval of final construction plans and specifications. (1) If construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam is not commenced within four years of the executive director's approval of final construction plans and specifications, the approval will be subject to reevaluation. If rules, regulations, and accepted engineering practices or the downstream hazard classification have changed during the four-year period, the approval may be considered invalid regardless of any extension of time authorizations given according to Chapter 295 of this title (relating to Water Rights, Procedural) and Chapter 297 of this title (relating to Water Rights, Substantive). (2) If the executive director determines that the approval is invalid, the executive director shall notify the owner in writing that new construction plans, specifications, and other engineering reports must be submitted before the work may commence. (3) The new construction plans and specifications must meet the requirements of the rules and regulations in effect at the time of the reevaluation. |
