(a) The owner shall have a professional engineer submit a geotechnical, geological, and structural evaluation in a report to the executive director with the final construction plans and specifications as described in §299.22 of this title (relating to Review and Approval of Construction Plans and Specifications) to support the design of a proposed dam or a dam that is proposed to be reconstructed, or structurally modified, enlarged, rehabilitated, or altered. The report must include, as applicable:
  (1) details of the geology of the project site and vicinity;
  (2) location and logs of test borings, pits, and shafts;
  (3) results of field and laboratory tests on structural and foundation materials;
  (4) seepage studies;
  (5) stability analyses of embankments, spillways, retaining walls, and inlet structures, as described in subsection (b) of this section; and
  (6) recommendations concerning:
    (A) embankment slopes, crest width, and berms;
    (B) core trench size and depths;
    (C) moisture-density and strength requirements;
    (D) soil dispersion requirements;
    (E) minimum compressive strength for concrete;
    (F) construction sequence procedures and techniques for excavations and embankments;
    (G) types of compaction equipment; and
    (H) seepage control requirements.
(b) The owner shall have a professional engineer develop a stability analysis as outlined in the most current version, at the time of the analysis, of the agency's Design and Construction Guidelines for Dams in Texas to support the design of proposed large- and intermediate-size dams, as defined in §299.13 of this title (relating to Size Classification Criteria), and large- and intermediate-size dams that are proposed to be reconstructed or structurally modified, enlarged, rehabilitated, or altered. The analysis must be submitted to the executive director with the final construction plans and specifications as described in §299.22 of this title.
(c) The executive director may require the owner of an existing dam to have a professional engineer perform a geotechnical and structural evaluation or a stability analysis and submit a report, as described in subsections (a) and (b) of this section, following an inspection, as described in §299.42 of this title (relating to Inspections), if the executive director determines that the dam was found to be deficient and the integrity of the dam was threatened. If the owner has a professional engineer prepare a report, the owner shall submit the professional engineer's report to the executive director for review upon completion of the report.
(d) When a person proposes one of the following activities near the owner's dam, the owner or the executive director may request that the person have a professional engineer perform an evaluation to determine if the integrity of the dam would be compromised. If the person has a report prepared by a professional engineer, the person shall submit the evaluation report to the executive director and the owner for review and approval before any work is performed for a proposal to:
  (1) dredge the reservoir within 200 feet of the dam;
  (2) install a utility line or pipeline in the dam or in the spillways that requires significant excavation in the dam or spillways;
  (3) construct a road across the dam or spillways or within 200 feet of the dam;
  (4) drill oil or gas wells, perform horizontal drilling or fracturing, or perform oil or gas exploration within 500 feet of the dam and spillways; or
  (5) blast within 1/2 mile of the dam.

Source Note: The provisions of this §299.16 adopted to be effective January 1, 2009, 33 TexReg 10465