SECTION 301.33. Preliminary Plans: Data To Be Submitted

(a) The applicant shall submit maps, plats, drawings, computations and narratives which shall illustrate and describe the following:

(1) the location and extent of the proposed works, including the county or counties affected by the project. When possible, the applicant should satisfy this requirement by submitting a detailed map which can be superimposed by the executive director upon a United States Geological Survey 7-1/2 minute quadrangle map, or if such is unavailable, on a suitable contour map;

(2) the name and course of the river, stream, or other watercourse, with the direction of flow indicated, which is associated with or would be affected by the proposed project;

(3) the location and ownership of all existing levees, channels, canals, reservoirs, dams, or other works of similar character, which may be affected by the proposed project, indicated by appropriate symbol to differentiate such works from the proposed works;

(4) the location and ownership, including current mailing address of owners, and location, shown by map, of all properties:

(A) lying within any proposed protected area; or

(B) adjacent to the proposed works or which may be affected by the project's alteration of the flood flows of the stream. The purpose of this second requirement is so that all interested property owners may be notified of the application. The applicant, the executive director, and the commission shall liberally construe what areas are potentially affected by the proposed project to ensure that all landowners within the vicinity whose land could be potentially impacted by the proposed project receive notice. Failure of the applicant to adequately provide the information will delay the processing of the application. The executive director may submit an application to the commission for summary dismissal if the applicant refuses to supply this information.

(b) The following flood data is required.

(1) The project design shall be based on a statistical 100-year flood as a minimum where substantial property loss and/or risk of life may be possible. The executive director will review the plans in accordance with the degree of hazard inherent in the proposed project and he may recommend that the project design be based on other than the 100-year flood should only agricultural land (no structures) be involved and no interests other than those of the applicant be affected by the project. Flood level data available from state or federal agencies or other sources supportive of the project design on a statistical basis shall be provided by the applicant for consideration in the selection of design flood frequency and elevation.

(2) The preliminary plans shall demonstrate the effects the proposed project will impose on existing flood conditions. This shall be clearly illustrated by providing separate design floodwater surface-elevation profiles and design-flood delineations of the floodplain with and without the project in place.

(3) Additional flood water surface-elevation profiles and design-flood delineations of the floodplain should be provided for levee or landfill projects with the project in place and with a comparable levee or landfill on the opposite site of the stream if such do not exist but are plausible.

Source Note: The provisions of this §301.33 adopted to be effective May 26, 1986, 11 TexReg 2246.