31 Tex. Admin. Code § 69.205 - Department Requirements
(a) All permittees
are henceforth required to have on each operating dredge a person vested with
authority and the responsibility to immediately stop all dredging and move the
dredge or other offending equipment to another proper location upon direction
of the director or designated department agent having responsibility for shell
management or dredging supervision.
(b) Any reef areas that are seriously silted
by dredging activities must be replaced by the responsible permittee at its
sole expense with a shell pad at least one foot thick and equal in surface area
to the silted area placed at a location selected by the director. Shell that is
illegally dredged must be returned to coastal waters in a volume at least equal
to that illegally taken at a site and in a manner selected by the director.
When siltation or illegal dredging operation also results in measurable oyster
mortality, monetary mitigation for the loss of the oysters will be paid by the
permittee as a condition prior to further dredging activities under the
permit.
(c) When dredging
operations in a particular state tract repeatedly result in silt problems or a
history of recurring violations is established, the director may delete the
tract from all shell dredging permits, giving ten days advance written notice
to all permittees.
(d) Dredge
discharge will be directed over the dredge cut. Any mounds created as a result
of dredge discharge will be leveled by the permittee prior to leaving the
dredge cut.
(e) Permittee will have
its dredge or dredges equipped and operated to save all shell of 3/8-inch size,
and provided that the director or its designated agent may permit the use of
1/2-inch minimum size screen when the shell is found to be so placed as to
preclude the use of 3/8-inch screen.
(f) The director is authorized to add or
delete any state tract from any permit or may reasonably impose conditions in
connection with dredging operations in any particular state tract including
limiting dredging activities to only a part of a tract, requiring the permittee
to stake off, flag, or otherwise mark the edge of prohibited exposed reef, or
imposing restriction on the manner and means of conducting dredging activities
in order to effectuate the intent of Chapter 86 of the Parks and Wildlife
Code.
Notes
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