Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-30 - Surface mining; explosives; preblasting survey

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 30.
(a) At
				least thirty (30) days before initiation of blasting, the permittees shall
				notify, in writing, all residents or owners of dwellings or other structures
				located within one-half (½) mile of the permit area how to request a
				preblasting survey.
(b) The
				applicant or permittee shall notify the public, by publication at least once a
				week for four consecutive weeks in a local newspaper of general circulation in
				the county in which the blasting will occur, that they will conduct a
				preblasting survey upon the request by a resident or owner of a man made
				dwelling or structure within one (1) mile of any portion of the permit area. A
				copy of the public notice and publisher's affidavit or other proof of
				publication shall be filed with the director not later than four (4) weeks
				after the last date of publication.
(c) On the written request to the director or
				the permittee by a resident or owner of a dwelling or structure that is located
				within one (1) mile of any part of the permit area, the permittee shall
				promptly conduct a survey of the dwelling or structure and promptly submit a
				report of the survey to the director and to the person requesting the survey.
				If a structure is renovated or added to, subsequent to a survey, then upon
				request by the resident or owner a survey of such additions and renovations
				shall be performed by the permittee in accordance with this section.
(d) The survey shall 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 pipelines, cables, transmission lines, and cisterns,
				wells, and other water systems warrant special attention. Assessment of these
				structures may be limited to surface condition and other readily available
				data.
(e) A written report of the
				survey shall be prepared and signed by the person who conducted the survey.
				Copies of the report shall be promptly provided to the person requesting the
				survey and to the director. If a preblasting survey is conducted by a permittee
				upon its own initiative as part of a voluntary program to encourage all
				dwelling owners to have preblasting surveys, where no request has been made to
				the director or the permittee, the survey need not be submitted to the
				director. If the person requesting the survey disagrees with the result of the
				survey, he or she may notify, in writing, both the permittee and the director
				of the specific areas of disagreement.
(f) All survey requests received by the
				operator more than ten (10) days before the planned initiation of blasting
				shall be completed by the permittee before the initiation of blasting. A
				request received less than ten (10) days before the initiation of blasting
				shall be completed promptly, but need not be completed prior to initiation of
				blasting.