36.25.223    MINIMUM RESTRICTIONS ON SURFACE ACTIVITY

(1) The lessee shall not conduct any seismic surface activity which will disturb the surface or move the earth within 300 feet of any water source including but not limited to wells, springs, streams, lakes, or reservoirs unless permission is received in writing from the director.

(2) The lessee shall not conduct any seismic drilling or blasting activity within 1320 feet of any building or similar structure, water well or spring or within 660 feet of any reservoir dam unless permission is received in writing from the director.

(3) The lessee shall not be allowed to occupy, utilize or conduct any activity on the surface of any river or lake bed or island unless permission is received in writing from the director.

(4) The written permission specified in this rule shall not be unreasonably withheld; however, the director shall not grant such permission unless he determines that the proposed activity will not cause significant adverse environmental effects. The director shall make his decision within 30 days of receipt of written request for such permission.

History: 77-3-402, MCA; IMP, 77-3-401, MCA; NEW, 1981 MAR p. 1105, Eff. 10/1/81; TRANS, 1996 MAR p. 2384.