| (H) No shots shall be detonated within three miles of a recreational beach between May 1st and September 10th. (I) Pollution, and other impacts to natural resources shall be governed by these guidelines: (i) All geophysical and geochemical exploration shall be conducted in compliance with all applicable state and federal statutes and regulations relating to pollution of land and water; (ii) Any physical modification of the surface including, but not limited to, mounding, cratering, or vehicle tracks shall be remedied upon completion of the work, or sooner, if the commissioner determines that immediate restoration is practical and is necessary to minimize impacts to natural resources. Such surface restoration shall be coordinated with and approved by GLO; (iii) Persons using wheeled or tracked vehicles on state-owned lands shall use reasonable efforts to avoid impact to the area; (iv) No person operating a vessel, vehicle, or equipment operating under permit shall discharge solid waste or garbage into state waters or state-owned lands. Solid waste includes, but is not limited to, nonbiodegradable containers, rubbish, or refuse. A sign, with letters no smaller than one inch in height, shall be displayed in a high traffic area of any vessel or equipment operating in state waters under permit, stating, "Discharge of any solid waste or garbage into state waters is strictly prohibited and may result in revocation of the state permit authorizing exploration operations". (v) The GLO will ensure compliance with this subsection through permit conditions designed to: avoid adverse impacts to natural resources, minimize unavoidable impacts, and to compensate for those significant and adverse impacts that may occur during the permitted activity. (J) Prior to conducting any operations, permittees shall coordinate with the appropriate regulatory agencies regarding any operations that could potentially impact state or federally protected species. (K) No geophysical surveying or shooting shall be performed within 1,000 feet of a known bird rookery island, as depicted on maps maintained by GLO, between February 15th and September 1st. (L) Any person conducting geophysical or geochemical activities under this section must immediately advise the commissioner of the following, which presently exist or can reasonably be anticipated: (i) the location and type of any dangerous condition which may constitute a threat to human health or safety, if such condition is the result of the geochemical or geological activities; or (ii) activities or situations, caused by permittee's activities which may adversely affect the environment, aquatic life or wildlife, cultural resources, or other uses of the area in which the exploration activity is conducted. (M) Any pollution, fish or wildlife kill, or loss of property shall be immediately reported to the commissioner. (N) In accordance with Texas Parks and Wildlife Code, §12.301, a permittee or contractor is liable to the state for the value of fish or wildlife taken, killed, or inured by work under a permit. (O) The commissioner may require biological monitors during geophysical or geochemical exploration. (2) In addition to the provisions of paragraph (1) of this subsection, the following provisions shall apply to geophysical operations conducted on submerged lands. (A) Each person applying to perform geophysical exploration on state-owned submerged lands shall file with the GLO a unique symbol, number, or series of characters which will be used to identify all equipment and materials used in the geophysical and/or geochemical exploration. (B) All equipment used in connection with geophysical survey work which is placed on submerged lands shall be: (i) distinctly marked with permittee's unique symbol, number, or series of characters clearly identifying the company performing the geophysical operations; (ii) in compliance with rules governing size, design, lighting, flagging, and marking, as promulgated by the United States Coast Guard and the United States Army Corps of Engineers, and; (iii) removed immediately upon completion of geophysical work. (C) Staging areas must be approved by the GLO, and shall not be established in vegetated areas of tidal sand or mud flats, submerged aquatic vegetation, or coastal wetlands, as those terms are defined in §16.1 of this title (relating to Definitions and Scope), or vegetated dune areas. (D) No high velocity energy source shall be detonated within one-half mile of a shrimping fleet operating in good faith in the area. (E) Shot holes shall be at least 120 feet below the mudline on submerged lands, unless otherwise authorized in writing by the commissioner. (F) Suspended high velocity energy sources shall not be used without express written authorization from the commissioner. Requests for the use of such explosives shall be in writing, giving the size of charges to be used, the depth at which they are to be detonated, and the specific precautionary methods proposed for the protection of fish, oysters, shrimp, other aquatic life, wildlife, or other natural resources. After evaluation, the request will be approved or denied, at the commissioner's discretion. (G) Air boats may be required, at the discretion of the GLO, for operations in waters less than three feet deep as measured from mean low water. (H) No low velocity energy shot shall be discharged within 500 feet and no high velocity energy shot shall be discharged within 1,000 feet of any boat operating in good faith and not involved in the permitted operations. (I) No high velocity energy source shall be discharged within 500 feet of any oyster reef, marked oyster lease, marked artificial reef, or marked red snapper bank, or within 500 feet of any dredged channel, dock, pier, causeway, or other structure. Assistance in locating oyster reefs and leases is available from TPWD. (J) Buried shots shall not be left overnight in water less than four feet deep as measured at low tide, or within 1,500 feet of any shoreline unless the shots are properly buried and anchored, all wires are properly shunted to prevent accidental discharge, and all shot holes are properly marked and lighted. (K) No shot in excess of 20 pounds shall be discharged within one mile of any pass, jetty, mouth of a river, or other entrance to the Gulf of Mexico from inland waters. (L) A permittee's representative shall be present on the recording vessel whenever the operator is discharging a high velocity energy source. (3) In addition to the provisions of paragraph (1) of this subsection, the following provisions shall apply to geophysical operations conducted on state-owned uplands. (A) A surface lessee shall be notified prior to any entry by permittee onto permitted land, and shall be notified upon permittee's departure. (B) Permittee shall be held liable for any damages to livestock on state-owned lands caused by geophysical or geochemical exploration. (C) Permittee may not negotiate with the surface lessee regarding payment of surface damages. The permittee shall be liable to the state for any damages caused by geophysical or geochemical exploration. (D) Fences shall not be damaged or permanently removed. Any fence which is disturbed to permit passage shall be replaced and restored to its pre-existing condition. All gates shall remain closed and locked when not in use. (E) Permittee may not use stock tank water located on the tract, except as directed by GLO or in case of emergencies. (F) In areas where geophysical operations have adversely affected the terrain so as to allow or exacerbate erosion, a permittee or contractor shall construct terraces and restore vegetation, as directed by guidelines and instructions provided by GLO. (f) Inspection. All operations shall be subject to inspection by the commissioner or the commissioner's representatives at any time. Upon reasonable notice, the permittee shall furnish the commissioner or the commissioner's representatives with transportation over submerged lands from the normal staging site to and from the operations site, along with any meals and living quarters necessary while the inspection is being conducted. If TPWD assigns a representative to the exploration party, the representative shall be furnished with similar accommodations. (g) Reporting after expiration of permit. Within 30 days of the expiration date of the permit, the permittee shall file with the commissioner an affidavit prescribed by the GLO, summarizing activities conducted under the permit, which: (1) identifies each tract worked each day during which exploration operations were conducted, including surveying of the area; (2) provides maps showing any deviation in shot line or shot point location from the maps which were submitted with the permit application. (h) Violations. Cont'd... |
