Authorizations to discharge from quarries located between 200
feet and 1,500 feet of a water body within a water quality protection
area require the permittee to satisfy the following performance criteria.
An evaluation of these performance criteria must be incorporated into
the Technical Demonstration, as required in §311.77 of this title
(relating to Technical Demonstration).
(1) The down-gradient perimeter of the quarry must
include a final control structure to manage the discharge of wastewater
and/or storm water. The final control structure must be designed and
constructed as follows.
(A) Certification of the final control structure design
and construction must be provided by a licensed Texas professional
engineer. Design and construction plans and specifications must be
maintained on site and made available at the request of the executive
director.
(B) The final control structure side slopes must not
exceed a gradient of 1:3 (33%).
(C) The final control structure must be designed to
impound, at minimum, the volume of water resulting from a 25-year,
24-hour rainfall event for the final control structure drainage area.
(D) The final control structures must be properly stabilized
(via use of vegetation, riprap, and/or other acceptable technique)
to prevent the final control structure from being a source of pollution
and/or to prevent structural failure.
(E) The final control structure must be inspected once
every 14 calendar days and within 24 hours of any rainfall event totaling
0.5 inches or greater. Where an inspection identifies failure and/or
problems with the final control structure, corrections must be made
within seven calendar days of the inspection. Records of these inspections
and any site stabilizations must be maintained on site for a period
of three years and made available to the executive director, upon
request.
(F) A minimum 200-foot vegetative buffer must be maintained
between the final control structure and any water body.
(2) All treatment, detention, and water storage tanks
and ponds must be operated to maintain a minimum freeboard of two
feet.
(3) A permanent depth marker shall be installed and
maintained on all treatment, detention, and water storage tanks and
ponds. The depth marker shall identify the volume required for the
design rainfall event, as specified in paragraph (1)(c) of this section,
and freeboard.
(4) The quarry operation must demonstrate compliance
with all the requirements of 36 Code of Federal Regulations Part 800
(Protection of Historic Properties) and 9 Texas Natural Resources
Code, Chapter 191 (Antiquities Code).
(5) The quarry operation must not have a detrimental
effect on any federal endangered/threatened, aquatic/aquatic-dependent
species/proposed species; or their critical habitat.
(6) Waste management units must be located a minimum
horizontal distance from water wells, in accordance with 16 TAC Chapter
76 (relating to Water Well Drillers and Water Well Pump Installers),
or where those regulations do not apply, the minimum distance to a
water well must be 500 feet.
(7) Secondary containment of chemical and fuel storage
is required. Where quarry operations overlay aquifer and/or aquifer
recharge areas and sufficient confining layers do not exist to preclude
contamination of groundwater, tertiary containment is required for
all chemical and fuel storage.
(8) Quarry operations must not be located on natural
hazard land, areas subject to frequent flooding, or in areas of unstable
geology.
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