Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.309 - CONSTRUCTION PERMIT - STANDARD TERMS

Current through Register Vol. 13, July 5, 2024
(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.