(a) General.
  (1) The owner shall submit final construction plans and specifications, which are sealed, signed, and dated by a professional engineer, to the executive director for review and approval before commencing construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam. Emergency repairs are defined in §299.2(23) of this title (relating to Definitions) and §299.45 of this title (relating to Emergency Repairs).
  (2) The executive director shall not issue approval of final construction plans and specifications for construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam until a water rights permit or an Edwards Aquifer protection plan, if required, is issued.
  (3) The executive director shall not issue approval of final construction plans and specifications for construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam unless the plans and specifications include language, or design criteria, that requires the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a Notice of Intent (NOI) for coverage under the State of Texas Construction General Permit (TXR150000), if applicable.
  (4) The owner shall not allow construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam to be commenced before the executive director's review of the final construction plans, specifications, and other engineering reports and the owner receives written approval of the final construction plans and specifications. The owner shall provide a copy of the executive director's written approval to the contractor before commencing construction.
  (5) Construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam shall be performed according to the final construction plans and specifications approved by the executive director unless construction change orders have been approved as indicated in §299.26 of this title (relating to Construction Change Orders).
(b) Construction plans.
  (1) Construction plans for proposed dams must be 22 inches by 34 inches in size. The plans may be reduced to 11 inches by 17 inches in size if all details are clearly legible and an accurate scale is included. A scale must be included on all sheets of the construction plans. The plans must include the following, as applicable:
    (A) a vicinity map that shows the location of the proposed dam and appurtenant structures with respect to:
      (i) boundaries of political subdivisions;
      (ii) streams;
      (iii) highways;
      (iv) railroads;
      (v) pipelines;
      (vi) transmission lines; and
      (vii) utilities;
    (B) a topographic map of the dam site with:
      (i) contour intervals not to exceed five feet;
      (ii) latitude and longitude (in decimal degrees to six decimal places) of the midpoint of the dam using the North American Vertical Datum of 1988 conus datum; and
      (iii) a superimposed plan of the dam showing the locations of any:
        (I) spillways;
        (II) outlet conduit;
        (III) borings and test pits;
        (IV) possible borrow areas; and
        (V) other structures.
    (C) a profile of the dam site taken on the long axis of the dam showing:
      (i) the location of the outlet conduit and each spillway;
      (ii) the proposed bottom of the core trench; and
      (iii) elevations of all features.
    (D) a profile of each spillway along its long axis;
    (E) a log of all borings showing the classification of materials encountered below the surface, if not provided in a separate geotechnical report;
    (F) a cross section of the dam at maximum section showing complete details and dimensions;
    (G) detailed sections of outlet conduits, control works, and spillways with a sufficient number and detail to delineate all of these features;
    (H) the proposed location of all permanent instrumentation, pressure cells, settlement plates, piezometers, inclinometers, slope indicator casings, data acquisition systems, or other devices;
    (I) the requirements, or design criteria, for the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a NOI, if applicable, or authorization under TXR150000; and
    (J) other design standards as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.
  (2) Construction plans for the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of existing dams must be 22 inches by 34 inches in size. The plans may be reduced to 11 inches by 17 inches in size if all details are clearly legible and an accurate scale is included. A scale must be included on all sheets of the construction plans. The plans must include the following, as applicable:
    (A) a vicinity map that shows the location of the dam and spillways with respect to:
      (i) boundaries of political subdivisions;
      (ii) streams;
      (iii) highways;
      (iv) railroads;
      (v) pipelines;
      (vi) transmission lines; and
      (vii) utilities.
    (B) detailed sections of the dam, spillways, outlet conduit, or control works being enlarged, altered, or repaired with sufficient detail to delineate the work to be performed;
    (C) a log of all borings, if necessary, showing the classification of materials encountered below the surface, if not provided in a separate geotechnical report;
    (D) the requirements, or design criteria, for the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a NOI, if applicable or authorization under TXR150000; and
    (E) other design criteria as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.
(c) Specifications. The specifications must include the following:
  (1) the requirements for the various types of materials to be used in the construction or reconstruction, modification, enlargement, rehabilitation, alteration, or repair of the dam, spillways, outlet conduits, and control works;
  (2) a provision that plans and specifications will not be substantially changed without either written approval of the executive director before the work is started, or notification of the changes as defined in §299.26 of this title;
  (3) a requirement that the proposed contractor develop and implement a Storm Water Pollution Prevention Plan, if applicable, and submit an NOI for authorization under TXR150000; and
  (4) other design specifications as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.
(d) Engineering reports and plans.
  (1) Engineering reports that may be required by the executive director for review include:
    (A) a geotechnical, geological, and structural evaluation report that includes the information described in §299.16 of this title (relating to Structural Evaluation of Dams);
    (B) a stability analysis for 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, as described in §299.16 of this title;
    (C) a hydrologic and hydraulic report for proposed dams and dams that are to be reconstructed, modified, enlarged, rehabilitated, altered, or repaired, that includes the information described in the most current version, at the time of the analysis, of the agency's Hydrologic and Hydraulic Guidelines for Dams in Texas;
    (D) a report on proposed instrumentation for proposed large dams and existing large dams, as defined in §299.13 of this title, that are to be reconstructed, modified, enlarged, rehabilitated, altered, or repaired. This report must include:
      (i) types and locations of proposed instrumentation;
      (ii) depths of instrumentation; and
Cont'd...