(a) Pursuant to §505.32 of this title (relating to Requirements for Referral of a Proposed Agency Action), the thresholds for potential referral of GLO or SLB actions to the council for consistency review are as follows.
(b) Real Estate Activities.
(1) Except for energy-related activities (i.e., activities related to oil, gas, or other mineral exploration and production), the GLO's or SLB's issuance of the following instruments exceeds the threshold if the authorized activities would adversely affect CNRA acreage greater than that in paragraph (2) of this subsection:
(2) The acreage thresholds for real estate activities are as follows:
(c) Energy-Related Activities (activities related to oil, gas, or other mineral exploration and production).
(1) The GLO's or SLB's approval of a mineral lease plan of operations for hard mineral exploration and production exceeds the threshold if the authorized activities would adversely affect CNRA acreage greater than the following:
(2) The GLO's or SLB's issuance of a geophysical permit for exploration for oil, gas, or other minerals on state-owned lands exceeds the threshold if the permit authorizes one of the following:
(3) With respect to energy-related activities not covered within the scope of a hard mineral plan of operations, the GLO's or SLB's issuance of a surface lease (pursuant to the Texas Natural Resources Code, §51.121), or a coastal easement (pursuant to the Texas Natural Resources Code, §33.111), exceeds the threshold only if the instrument authorizes:
(d) A miscellaneous easement issued pursuant to the Texas Natural Resources Code, §51.291, exceeds the threshold for potential referral if the miscellaneous easement authorizes:
(1) permanent disturbance of five acres or more of a critical area or removal of more than 10,000 cubic yards of material from a critical area, except with respect to submerged aquatic vegetation and tidal mud or sand flats in the lower coast; or
(2) permanent disturbance of ten acres or more of submerged aquatic vegetation or tidal mud or sand flats in the lower coast.
(e) Any GLO or SLB action described in §16.1 of this title (relating to Definitions and Scope) that may adversely affect a CNRA that has not been specifically addressed in this section, exceeds the threshold if the action would adversely affect greater than 40 acres of any such CNRA.
(f) Any GLO or SLB action described in §16.1 of this title (relating to Definitions and Scope) that may adversely affect a CNRA must be consistent with the goals and policies in §16.2 and §16.3 of this title (relating to Policy for Major Actions, and Policies for Specific Activities and Coastal Natural Resource Areas), whether above or below the applicable threshold.
Source Note: The provisions of this §16.4 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective October 23, 1996, 21 TexReg 9935; amended to be effective November 1, 2005, 30 TexReg 7049