OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 1 of 7

COALEX STATE INQUIRY REPORT - 335

December 1997

Mike Sponsler, Director

Division of Reclamation

Department of Natural Resources

PO Box 147

Jasonville, Indiana 47438

TOPIC: PREBLAST SURVEY

INQUIRY: The question has been raised in Indiana as to what types of structures

require preblast surveys. A gas development company has requested a preblast survey

on an inactive gas well located on a mineral lease adjacent to an active permitted mine

site. As a consequence, Indiana would like to know the following regarding

interpretations by other state programs:

1. Does your agency require preblast surveys on oil or gas well heads? If yes, what

specifically is required to be part of the survey? Are preblast surveys limited to

the visible surface features?

2. Does your agency require preblast survey notification to parties who have only a

lease hold interest? For the preblast survey requirement to apply, does it make a

difference whether the leaseholder "owns" the structure?

3. The federal preamble does not appear to limit the types of structures that are

eligible for a preblast survey. Does your agency have a mechanism for defining

which class of structures require notification and a survey? For example, are

such things as fence posts, culverts, portable bins or livestock feeding facilities

excluded from the definition of "structures"? If so, how is this interpretation

supported -- by statute, by regulation, by policy, by technical determination or

some other way?

SEARCH RESULTS: Eight IMCC member states responded to the survey. The results

of the survey appear as an attachment. Also attached are several Federal Register

notices; these include: (1) the federal preamble to the final regulations (30 CFR 816.62

Preblast survey); (2) OSM's decision to deny a petition for rulemaking which had

recommended expanding the distance that an operator must notify owners of dwellings

and structures from « to 1 mile; and (3) preambles to OSM approval of amendments to

state programs.

ATTACHMENTS
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 2 of 7

A. Table of Responses

B. 48 FR 9788 (March 8, 1983). Final rule. Use of explosives.

C. 56 FR 59904 (November 26, 1991). Denial of petition.

D. Excerpts of Federal Register preambles for:

1. Illinois

2. Indiana

3. Missouri

4. Montana

5. North Dakota

6. Ohio

7. Pennsylvania

8. Texas

9. West Virginia

Research conducted by: Joyce Zweben Scall

TABLE OF RESPONSES

1. Does your agency require preblast surveys on oil or gas well heads? If yes, what

specifically is required to be part of the survey? Are preblast surveys limited to the

visible surface features?

STATE ARE

SURVEYS

REQUIRED?

EXPLANATION

ARKANSAS NO If the oil/gas heads are within 1000 feet of a

structure, the agency will notify people that they

could ask for a survey. Arkansas regulations do not

require a survey

ILLINOIS NO Our regulations state: "...owners of structures

located within [1/2] mile of the permit area how to

request a preblast or condition survey....Structures

such as pipelines, cisterns, wells and other water

systems warrant special attention such as the

review of construction, drilling or completion

specifications; however, assessment of these

structures may be limited to surface conditions." The

Department by regulation will not allow blasting

within 100 feet of facilities including, but not limited

to, disposal wells, petroleum or gas storage

facilities, municipal water storage facilities, fluidtransmission pipelines, or water sewage lines.

MISSOURI NO Missouri considers oil or gas well heads as
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 3 of 7

"structures" which are eligible for preblast surveys.

"Structures" are by technical definition all items

constructed on property within [1/2] mile radius of

the blasting site. Because Missouri's rules state that

the survey may be limited to an assessment of the

surface conditions or other readily available data,

we would not require an assessment beyond the

surface (or visible) conditions or other readily

available data. In other words, the surveyor would

be required to assess the structure through visual

observations only as opposed to, for example, also

probing, uncovering, sounding, or testing the

structure. If data on the condition of the structure

was readily available, we would require the operator

to present the data as part of the survey. However,

the operator would not be required to attest to the

accuracy of the data.

OHIO NO Our agency would require a preblast survey of an oil

or gas well and its associated structures if

requested, in writing, by the owner. However, no

utility company (electric, telephone, TV cable, oil

and gas company, etc.) has ever requested a

preblast survey. If one were requested, "...the

assessment of these structures may be limited to

surface conditions and other readily available data."

as stated in our administrative rules. No

interpretation of this requirement has been

necessary, to date.

OKLAHOMA NO We require the operator to give the owner of the

structure the opportunity to request a preblast

survey. We do not formally review the survey. If

presented a copy of the survey, we provide

comments that may make the survey more complete

and adequate. The extent of the survey is at the

discretion of the operator. A detailed survey will

provide a greater degree of protection for the

operator and owner of the structure.

PENNSYLVANIA NO

VIRGINIA NO The Division of Mined Land Reclamation (DMLR)

requires preblast surveys on any structures within

the [1/2] mile radius when a timely request for the

survey is made by the owner of the structure or by

the residence of an occupied dwelling [816.62(a)].

DMLR only requires that the survey include the

visible surface features. DMLR has not developed
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 4 of 7

any specific survey criteria for a specific structure

such as a well head.

WEST VIRGINIA NO Oil and gas wells are considered structures by this

state. If requested by a resident or owner within

[1/2] mile of the permit area, the operator shall

conduct a preblast survey in accordance with

6.8.a.2 of the regulations.

2. Does your agency require preblast survey notification to parties who have only a

lease hold interest? For the preblast survey requirement to apply, does it make a

difference whether the leaseholder "owns" the structure?

STATE IS

NOTIFICATION

REQUIRED?

EXPLANATION

ARKANSAS NO Arkansas regulations do not require notification;

notification is at the discretion of the agency.

Leaseholders who get proceeds from the

production of oil/gas from the well onsite would

be notified; therefore, it would not matter if they

owned the structure.

ILLINOIS NO The Department requires a preblast survey upon

written request by a resident or owner of a

dwelling or structure that is located within [1/2]

mile of any portion of the permitted area, or by

the owner of a dwelling or structure at a distance

greater than [1/2] mile from the permit area but

within one mile of the blasting area and within

an area determined by the Department to be

appropriate in a particular situation.

MISSOURI NO A survey would be required if requested by a

leaseholder who is also a resident or occupant

of a dwelling. We would not require a survey if 

a leaseholder or a dwelling requested a survey

on a structure which is not a part of or attached 

to the dwelling in which he resides. However,

the leaseholder may be able to convince the

owner of the structure to request the survey

OHIO NO Our rule requires notification "...to all residents

or owners of dwellings or other structures

located within « mile of the permit area...."

Therefore, relative to non-dwelling structures

such as oil and gas wells, we require that the

owners be notified. In fact, since 1986, we

have required permit applicants to include

owners of
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 5 of 7

such structures (and their addresses) in the [1/2]

mile preblast survey notification list. Indiana's

specific question about leaseholders has never

come up.

OKLAHOMA NO We have never had this problem as an issue.

However, the determining factor for us is who

owns the structure. Lessee, or lessor, is not

relevant. The owner of the structure is the

relevant issue.

PENNSYLVANIA YES Leaseholders will be notified only if they own the

structure. Pennsylvania regulations require

notice of right to preblasting survey be given to

"owners and residents" of structures and

dwellings.

VIRGINIA NO DMLR does not require notice to those with only

a lease hold interest. The rule at 816.62(a) is

specifically applicable to the "owners" of

structures.

WEST VIRGINIA NO

3. The federal preamble does not appear to limit the types of structures that are eligible

for a preblast survey. Does your agency have a mechanism for defining which class of

structures require notification and a survey? For example, are such things as fence

posts, culverts, portable bins or livestock feeding facilities excluded from the definition of

"structures"? If so, how is this interpretation supported -- by statute, by regulation, by

policy, by technical determination or some other way?

STATE HAVE REGS

FOR DEFINING

STRUCTURES?

EXPLANATION

ARKANSAS NO There are no written mechanisms for defining

which class of structures require notification.

The agency would not be concerned about a

fence post, unless it was next to the blast site.

The agency might look at the situation if the

"structure" was a feeding bin. A "large" structure

such as a silo would definitely be eligible for a

survey.

ILLINOIS YES By regulation, the types of structure that would

be considered eligible for a preblast survey are

dwellings, public buildings, schools, churches,

or commercial or institutional buildings and

those listed in response to question 1 above.

Illinois does not require a preblast survey on

fence posts, culverts, portable bins or livestock
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 6 of 7

feeding facilities.

MISSOURI YES "Structures" are by technical definition all items

constructed on the property, including portable

items. Because Missouri has not yet received

requests for surveys which could be considered

frivolous, we have not seen a need to further

define the types of structures that qualify for

surveys. Requests for surveys on structures

which experts state cannot be affected by

blasting might be considered frivolous.

OHIO NO Our agency has no specific mechanism for

defining which class of structures requires

notification and a survey. We expect that all

residents or owners of dwellings or other

structures be notified about how to request a

preblast survey. If a property had nothing but a

barn or hunting cabin on it, we would expect

that owner's name and address to be on the «

mile preblast survey notification list required at

permit application time.

No property owner has ever asked that his

fence posts, culverts, portable bins or livestock

feeding facilities be surveyed. However, if such

a request were received, we would probably

interpret "structures" in its broadest definition

from Webster -- 'something built or constructed"

-- and require a preblast survey accordingly.

The [1/2] mile preblast survey notification list

would, in almost every case, automatically cover

the properties where these structures might

exist. The normal expectation of property

owners and people who conduct preblast

surveys is that the residence, garage,

outbuildings, driveways, walkways, patios,

porches and other related structures will be

included in the survey, subject to approval of the

owner. But if an owner specifically asks the

preblast survey inspector to include fence posts

or portable structures, the inspector would

document to condition of such structures or call

for an interpretation of the request.

OKLAHOMA NO We do not have such a mechanism. Also, we

have never had this problem as an issue.

PENNSYLVANIA YES Preblasting surveys are always offered to

dwellings, public buildings, schools, churches
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 7 of 7

and commercial and institutional buildings. The

Department will require preblasting surveys to

be offered to owners of any other structure if

there is potential for damage from vibration.

Such "other" structures could include farm

buildings, silos, garages, sheds, bridges and

pipelines. Other structures would not include

fence posts, culverts or any portable structures.

VIRGINIA NO DMLR does not have a definition making

distinction between types of structures. The rule

at 816.62(a) appears applicable to all structures

while 816.(c) seems to make an exception for

surveying only the conditions of the surface part

of certain structures.

WEST VIRGINIA YES Fences and culverts are not considered

structures by this state for preblast survey

purposes in accordance with 2.116 of the

regulations.