Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 30 - Mineral Resources |
Chapter VII - Office of Surface Mining Reclamation and Enforcement, Department of the Interior |
SubChapter K - Permanent Program Performance Standards |
Part 816 - Permanent Program Performance Standards - Surface Mining Activities |
§ 816.62 - Use of explosives: Preblasting survey.
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§ 816.62 Use of explosives: Preblasting survey.
(a) At least 30 days before initiation of blasting, you must the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1⁄2 mile of the permit area how to request a preblasting survey.
(b)
(1)A resident or owner of a dwelling or structure within 1⁄2 mile of any part of the permit area may request a preblasting survey. This request
mustshall be made, in writing, directly to
youthe operator or to the regulatory authority
. If the request is made to the regulatory authority, the regulatory authority will promptly notify you. (2) You must, who shall promptly notify the operator. The operator shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey.
(3) You must conduct anAn updated survey of any
subsequentadditions, modifications, or renovations
to the dwelling or structure,shall be performed by the operator if requested by the resident or owner.
(c) You must The operator shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.
(d)
(1) TheThe written report of the survey shall be signed by the person who conducted the survey
must sign the written report of the survey. (2) You must promptly provide copies. Copies of the report shall be promptly provided to the regulatory authority and to the person requesting the survey.
(3)If the person requesting the survey disagrees with the contents and/or recommendations
of the surveycontained therein, he or she may submit to both the operator and the regulatory authority a detailed description of the specific areas of disagreement
to both you and the regulatory authority.
(e) You must complete any Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.
[48 FR 9807, Mar. 8, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]