(1) The permittee shall confine all surface activity to improved roads during periods when the land surface is wet or is in such a condition that it may be damaged from travel by heavy vehicles or trucks. During all other periods, the permittee shall confine all activity which may disturb the surface to existing trails and terrain which is easily accessible to normal four-wheel drive travel without winching or other artificial means. The permittee shall not conduct any type of road construction activity, including but not limited to, blading and dozing existing roads and trails, constructing stream crossings, or removal of brush and trees, without the written permission of the department. The department may grant such permission only after the permittee has submitted evidence of conditions which require such road construction and a plan for the road construction which protects the land surface as much as practicable. The department may impose requirements on such construction in order to protect the land surface from erosion or other damage.

(2) The permittee shall not conduct any type of geophysical testing or measuring which will disturb the surface or move the earth within 300 feet of any springs, streams, lakes, water wells, or water storage reservoir facilities. The permittee shall not conduct any drilling or blasting activities within 1320 feet of any building, structure, water well, or spring or within 660 feet of any reservoir dam without the written consent of the department. The department may impose further restrictions when the particular situation warrants other precautions.

(3) In all operations on the lands covered by the permit, the permittee shall interfere as little as practical with the use of the premises for any other purpose to which the same may have been leased or sold by the state. All necessary precautions shall be taken to avoid any damage other than normal wear and tear to gates, bridges, roads, cattle guards, fences, dams, and other improvements.

History: 77-3-402, MCA; IMP, 77-3-401, MCA; NEW, 1980 MAR p. 3122, Eff. 12/27/80; TRANS, 1996 MAR p. 2384.