| (vii) the proposed date of initiation of the compensation.
Local governments shall include a condition in each permit authorizing
off-site compensation which requires permittees to notify local governments
in writing of the actual date of initiation within ten working days
after compensation is initiated. If the permittee fails to begin compensation
on the date proposed in the application, the permittee shall provide
the local government with the reason for the delay. Local governments
shall take this reason into account when determining whether a permittee
has violated the compensation deadline.
(5) Compensation for adverse effects on dune vegetation.
Local governments shall require that permittees compensate for adverse
effects on dune vegetation by planting indigenous vegetation on the
affected dunes and shall consider the recommendations of the General
Land Office, federal and state natural resource agencies, and dune
vegetation experts. Local governments may allow a permittees to use
temporary sand fencing or another approved method of dune restoration.
Local governments shall prohibit a permittee from compensating for
adverse effects on dune vegetation by removing existing vegetation
from private or state-owned property unless the permittee has received
prior written permission from the property owner or the state. In
addition to the requirement that permission be obtained from the property
owner, all persons are prohibited from removing vegetation from a
critical dune area or seaward of a dune protection line unless specifically
authorized to do so in a dune protection permit. Local governments
shall include conditions in such permits requiring the permittee to
provide a copy of the written permission for vegetation removal and
to identify the source of any sand and vegetation which will be used
to compensate for adverse effects on dunes and dune vegetation in
the mitigation plan contained in the permit application.
(g) Mitigation or compensation deadline.
(1) Initiation of compensation. Local governments shall
require permittees to begin compensation for any adverse effect(s)
to dunes and dune vegetation prior to or concurrent with the commencement
of construction. If compensation is not completed prior to commencement
of construction, the local government shall require that the permittee
provide the local government with proof of financial responsibility
in an amount equal to that necessary to complete the mitigation. This
can be done in the form of an irrevocable letter of credit, performance
bond, or any other instrument acceptable to the local government.
(2) Completion of compensation. Local governments shall
require permittees to conduct compensation efforts continuously until
the repaired, rehabilitated, and restored dunes and dune vegetation
are equal or superior to the pre-existing dunes and dune vegetation.
These efforts shall include preservation and maintenance pending completion
of compensation.
(3) Local government determination of completion of
compensation. Local governments shall determine a compensation project
complete when the dune restoration project's position, contour, volume,
elevation, and vegetative cover matches or exceeds the surrounding
naturally formed dunes.
(4) State agency notification of compensation certification.
Local governments shall provide written notification to the General
Land Office after determining that the compensation is complete. The
General Land Office may conduct a field inspection to verify compliance
with this subchapter. If the local government does not receive an
objection from the General Land Office regarding the completion of
compensation within 30 working days after the General Land Office
is notified in writing, the local government may certify that the
compensation is complete.
(5) Violation of compensation deadline. The General
Land Office recognizes that the time necessary to restore dunes and
dune vegetation varies with factors such as climate, time of year,
soil moisture, plant stability, and storm activity. The permittee
shall be deemed to have failed to achieve compensation if a 1:1 ratio
has not been achieved within three years after beginning compensation
efforts.
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| Source Note: The provisions of this §15.4 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective February 23, 2015, 40 TexReg 819 |
