Section 312 IAC 25-6-94 - Underground mining; explosives; preblasting surveyAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 94.
(a) At least thirty (30) days before the initiation of blasting, the permittee shall notify in writing all residents or owners of dwellings or other structures located within one-half (1/2) 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 (4) 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 manmade 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 portion of the permit area covered by section 93 of this rule, this section, and sections 96 through 97 of this rule, the permittee shall promptly: (1) conduct a survey of the dwelling or structure; and(2) 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, upon request by the resident or owner, a survey of the additions or renovations shall be performed by the permittee under this section.
(d) The survey shall: (1) determine the condition of the dwelling or structure; and(2) document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of cisterns, wells, other water systems, pipelines, cables, transmission lines, and similar structures 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 conducts 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 for a preblasting survey has been made of the director or the permittee, the survey need not be submitted to the director. If the person requesting the survey disagrees with the results of the survey, that person may notify in writing both the permittee and the director of the specific areas of disagreement.(f) All survey requests received by the permittee 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 25-6-94; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3559, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA