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(1) (a) At least 30 days before initiation of blasting, the operator shall advise, in writing, all residents or owners of dwellings or other structures within 1/2 mile of the permit area how to request a preblasting survey.

(b) Any survey requested more than 10 days before the planned initiation of blasting must be completed by the operator before the initiation of blasting.

(c) On the request to the department by a resident or owner of a dwelling or structure that is located within 1/2 mile of any part of the permit area, the operator must promptly conduct a preblasting survey of the dwelling or structure and promptly submit a report of the survey to the department and to the person requesting the survey. If a structure is renovated or added to subsequent to a preblasting survey, then upon request to the department a survey of such additions and renovations must be performed in accordance with this section.

(2) The survey must determine the condition of the dwelling or structure and document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines, and wells and other water systems must be limited to surface condition and readily available data. Special attention must be given to the preblasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.

(3) A written report of the survey must be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure that should be incorporated into the blasting plan to prevent damage. Copies of the report must be provided to the person requesting the survey and to the department. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the permittee and the department of the specific areas of disagreement.

History: 82-4-204, 82-4-205, MCA; IMP, 82-4-231, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852.

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