The commission finds that the state will not be deprived of significant revenue and there will be no significant adverse effects on navigation, the coastal sediment budget, riverine hydrology, erosion, or fish and wildlife resources or their habitat, and the following activities are therefore exempt from any permit requirement of the department or payment to the department for sedimentary material removed from the public waters of this state:     
       (1) projects to restore or maintain the storage capacity of existing public water supplies;      
       (2) maintenance projects carried out by public utilities for noncommercial purposes;      
       (3) public road projects of the Texas Department of Transportation; and      
       (4) projects resulting in insignificant takings or disturbances of marl, sand, grave, shell or mudshell as defined in Parks and Wildlife Code, §86.021(b-1).      
     Source Note:        The provisions of this §69.120 adopted to be effective February 4, 1997, 22 TexReg 958; amended to be effective April 23, 2001, 26 TexReg 3026; amended to be effective September 19, 2019, 44 TexReg 5060