(a) The owners of all dams shall develop and implement an operation and maintenance plan. The owner may use the most current version, at the time of the plan development, of the agency's Guidelines for Operation and Maintenance of Dams in Texas, a manual, a checklist, or some other procedure to demonstrate implementation of the program. Operation and maintenance activities that must be addressed include, but are not limited to:
  (1) the schedules for both engineering and maintenance inspections performed by the owner or the owner's professional engineer;
  (2) any restrictions imposed by the professional engineer's design;
  (3) a list of maintenance items and a schedule for addressing each item, including, but not limited to:
    (A) replacing riprap;
    (B) eliminating animal burrows;
    (C) removing blockage from the principal spillway inlet and outlet structures and removing obstructions from the emergency spillways, including fences;
    (D) lubricating, repairing, painting, and exercising gates or valves, if in working condition, or if applicable;
    (E) removing corrosion on gates and other metal appurtenant structures;
    (F) sealing of cracks and joints in concrete;
    (G) preventing or controlling erosion, including animal and vehicular trails and wave action erosion;
    (H) eliminating small trees (less than or equal to four inches in diameter) and brush on the dam and all trees and brush in the spillways and adjacent to concrete structures;
    (I) maintaining adequate grass cover on earthen dams and spillways;
    (J) maintaining proper function of foundation or toe drains; and
    (K) correcting any other items that may impact the dam or appurtenant structures; and
  (4) if applicable, a plan for monitoring instrumentation in the dam and appurtenant structures, to include:
    (A) a list of all types of instruments, instrument number, and locations;
    (B) schedules and procedures for reading and maintenance of each instrument; and
    (C) a list of critical readings for each instrument and the process to follow if critical readings are measured.
(b) The owner shall document operation and maintenance activities undertaken and shall provide the documentation to the executive director for review as soon as possible upon request of the executive director.

Source Note: The provisions of this §299.43 adopted to be effective January 1, 2009, 33 TexReg 10465