Section 312 IAC 25-6-30 - Surface mining; explosives; preblasting surveyAuthority: 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. Natural Resources Commission; 312 IAC 25-6-30; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3523, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA