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(1) The following are standard terms and conditions included in any approval of a construction permit application for construction:

(a) construction work must be started within one year from date of approval, unless an extension is granted;

(b) the owner shall engage an engineer to provide engineering services during construction and the engineer shall:

(i) be responsible to determine if and when the actual conditions do not conform to the design, and that the construction was carried out in substantial compliance with the approval plans and specifications;

(ii) submit to the department in writing, 30 days before start of construction:

(A) the estimated time to complete the construction activities; and

(B) the inspection force, independent from the construction contractor, by which quality control will be achieved;

(iii) submit to the department in writing within 10 calendar days of the reporting period construction progress reports during the construction period at intervals of 30 days, or more frequent if specified by the department in the permit or upon order of the department.

(iv) The construction reports must summarize the detailed daily log of all construction operations, including written and photographic records, documenting:

(A) the date, location, and results of tests performed on construction materials;

(B) a narrative of problems encountered during construction and inspection and the manner in which they are resolved; and

(C) the foundation excavation and placement of backfill in the core trench;

(v) have the engineering report, plans, specifications, and all previous construction progress and inspection reports available at the construction site for reference;

(vi) notify the department at least 3 days in advance of material placed in the foundation, cutoff trench, outlet foundation, and any other area requested by the department; and

(vii) conduct a final inspection;

(c) the department may conduct unscheduled and periodic inspections during construction as deemed necessary to ensure that the structure is being built in conformity to the approved plans and specifications and will result in a safe dam. The department inspections do not relieve the owner and/or the engineer in charge of the responsibility of providing adequate inspection of the work;

(d) the department shall be promptly advised of all changes in the approved design, plans, or specifications. There shall be no change in the approved design, plans, or specifications without approval of the engineer. All such approved changes shall be recorded on the complete set of as-built drawings;

(e) the owner shall notify the department of the completion and certify that the work has been performed in accordance with the provisions of the permit. Within 30 days after completion, the owner shall submit written certification by the engineer that the structure has been constructed in conformance with the plans, specifications, and changes. Also within one year of completion, the owner shall submit certification by the engineer that the dam and appurtenances are functioning as designed;

(f) the owner, except for construction involving removal of a dam, shall maintain one set and submit one set to the department of as-built drawings and descriptive matter prepared by the engineer showing and describing the dam or reservoir as actually constructed and any other items that may be of permanent value and have a bearing on the safety and performance of the dam or reservoir;

(g) if a dangerous or emergency condition including but not limited to flood during construction, slope failure, or earthquake develops during construction, the project engineer and owner shall initiate a plan and act to immediately correct the dangerous condition and give notification pursuant to ARM 36.14.702; and

(h) for dams where a low level conduit drain is required or has been included, the drain must remain open and no water shall be stored in the reservoir until approval has been granted by the engineer.


History: 85-15-110, MCA; IMP, 85-15-210, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88; AMD, 2022 MAR p. 1849, Eff. 9/24/22.

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