(a) An entity that constructs, expands, or relocates a public road so that it causes an existing quarry or pit to be located in an unacceptable, unsafe location or in hazardous proximity to the public road, shall construct berms or barriers.
(b) The berms or barriers shall be constructed prior to the opening of the new, expanded, or relocated public road to travel by the public.
(c) The entity responsible for construction, expansion, or relocation of the public road shall report the same to the director within 90 days of the date the construction, expansion, or relocation is finally accomplished, including construction of the berms or barriers.
(d) The report shall be in writing, certified and sworn to by an authorized representative of the entity, and shall contain:
  (1) the name, address, and telephone number of the entity responsible for the construction, expansion, or relocation of the public road;
  (2) the distance of each adjoining pit perimeter from the nearest right-of-way line of the new, expanded, or relocated public road and the nearest intersection of any public or private road or driveway;
  (3) a description of and a construction plan for any berm or barrier, specifying the material used;
  (4) the name, address, and telephone number of the responsible party; and
  (5) the name, address, and telephone number of the owner or owners if different from the responsible party.

Source Note: The provisions of this §21.712 adopted to be effective July 15, 2004, 29 TexReg 6734