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RULE §21.908Preservation, Restoration, and Cleanup

(a) Disturbed areas.

  (1) Areas of state railroad right of way disturbed by the installation, maintenance, removal, or relocation of utilities shall be kept to a minimum.

  (2) Disturbed areas shall be returned to normal grade and elevation, with compaction of backfill material, and all excess or undesirable material removed by the utility.

  (3) The utility shall provide protection against erosion in disturbed areas subject to erosion. The protection may be in the form of rock riprap, wash checks, hay or straw cover, or other material that is approved by the department and does not interfere with railroad maintenance.

(b) Drainage facilities. Care shall be taken to avoid disturbing existing drainage facilities. Underground utility facilities shall be bedded with pervious material and outlets provided for entrapped water. Under drains shall be installed where necessary.

(c) Cleanup. Unused material or debris shall be removed from the work site area. At the end of every construction day, construction equipment and materials shall be removed as far from the operating railroad tracks as possible, a minimum of 25 feet from the centerline.

(d) Vegetation control.

  (1) When utility installation is complete, the utility shall return the railroad right of way to a condition at least equal to its original condition, including reseeding or resodding to prevent erosion.

  (2) The department may specify the extent and methods of tree, bush, shrubbery, or any other aesthetic feature's removal, trimming, or replacement in conjunction with paragraph (1) of this subsection.

  (3) Pruning of trees shall comply with the department's Roadside Vegetation Management Manual. When unapproved pruning or cutting or damage occurs, the utility shall be responsible for the replacement of trees or for damages to existing trees and bushes.

Source Note: The provisions of this §21.908 adopted to be effective April 20, 2006, 31 TexReg 3273

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