(e) Geophysical or geochemical operational
guidelines.
(1) The following provisions shall
apply to all geophysical or geochemical operations conducted on state-owned
lands.
(A) Permits shall be granted for a
minimum of three days and a maximum of 90 days. A permit may be extended for
multiple periods of 30 days at the discretion of the commissioner and upon
payment of an additional application fee.
(B) Failure to comply with any conditions
included in the permit which pertain to GLO or any other state or federal
regulatory agency shall be considered a violation as specified in subsection
(h) of this section.
(C) The GLO
will assign a permit number and give written notice of its issuance to the
permittee. The permittee shall give verbal notice to the GLO prior to
commencement of operations.
(D)
Permits shall not be transferred or assigned without the written consent of the
commissioner.
(E) Geophysical crews
operating on state-owned lands shall have the following items in their
possession and available for inspection at the permittee's field office by the
commissioner or a designated representative, upon request:
(i) a copy of the seismic permit, including
any conditions, and the authorized permit number;
(ii) a copy of GLO rules governing
geophysical and geochemical exploration;
(iii) detailed maps showing the approved shot
lines and shot points covered by the permit; and
(iv) a copy of the resource management codes
and definitions as provided by the GLO for those tracts on which operations
will be conducted (applicable to submerged lands only).
(F) No high velocity energy sources in excess
of 20 pounds may be used on state lands without the written permission of the
commissioner. Applicants wishing to utilize shots in excess of these
limitations shall submit written documentation to the commissioner explaining
the necessity for the size shot proposed, the number of shots to be utilized,
the location of all shot holes, the depth of the charge, the time interval that
will pass between placement of the charge and the actual detonation of the
charge, the proposed date that operations will commence, and the expected
operations period. After evaluation, the request will be approved or denied, at
the commissioner's discretion.
(G)
With the exception of low velocity energy sources used in the Gulf of Mexico,
no shots shall be discharged other than in daylight hours except by written
permission of the commissioner.
(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.