# Title 69 — Public Service Commission

## Article 69-05.2 — Surface Coal Mining and Reclamation Operations

## Chapter 69-05.2-17 — Performance Standards - Use of Explosives

Schedules [Repealed]
### § 69-05.2-17-01. Performance standards - Use of explosives - General requirements.

1. Operators shall comply with all applicable local and state laws in the use of explosives.
2. Blasts that use five pounds [2.27 kilograms] or less of explosive or blasting agent are subject
to all requirements of this chapter except those of section 69-05.2-17-03.
3. All blasting operations must be conducted under the direction of a certified blaster. Each
person responsible for blasting operations shall possess a valid certification as required by
North Dakota Century Code section 38-14.1-24.
4. Blaster certificates must be carried by blasters or be on file at the mine office during blasting
operations.
5. A blaster and at least one other person shall be present at the firing of a blast.
6. Persons responsible for blasting operations shall be familiar with the blasting plan and
site-specific performance standards, and give direction and on-the-job training to persons who
are not certified and who are assigned to the blasting crew or assist in the use of explosives.
7. Blast design.
a. An anticipated blast design must be submitted to the commission if blasting operations
will be conducted within:
(1) One thousand feet [304.8 meters] of any building used as a dwelling, public
building, school, church, or community or institutional building outside the permit
area; or
(2) Five hundred feet [152.4 meters] of an active or abandoned underground mine.
b. The blast design may be presented as part of the permit application or at a time, before
the blast, approved by the commission.
c. The blast design must contain sketches of the drill patterns, delay periods, and decking
and shall indicate the type and amount of explosives to be used, critical dimensions, and
the location and general description of the structures to be protected as well as a
discussion of the design factors to be used, which protect the public and meet the
applicable airblast, flyrock, and ground vibration standards in section 69-05.2-17-05.
d. The blast design must be prepared and signed by a certified blaster.
e. The commission may require changes to the design submitted.
History: Effective August 1, 1980; amended effective April 1, 1985; May 1, 1990; May 1, 1992.

General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-17-02. Performance standards - Use of explosives - Preblasting survey.

1. Each operator shall notify in writing, at least thirty days before blasting, all residents and
owners of manmade dwellings or structures located within one mile [1.61 kilometers] of the
permit area how to request a preblasting survey.
2. On request to the commission by a resident or owner of a dwelling or structure located within
one mile [1.61 kilometers] of any part of the permit area, the operator shall promptly conduct a
preblasting survey of the dwelling or structure and promptly submit a report of the survey to
the commission and requester. Any preblasting survey requested more than ten days before
blasting must be completed before blasting is initiated. Additions or renovations to a surveyed
structure must be surveyed upon request to the commission.
3. The survey must 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 pipes, cables, transmission lines, and wells and
other water systems must be limited to surface condition and other readily available data.
Special attention must be given to the preblasting condition of wells and other water systems
used for human, animal, or agricultural purposes and to the quantity and quality of the water.
4. The written survey report must be prepared and signed by the person who conducted it. The
report may recommend special conditions or proposed adjustments to the blasting procedure
which should be incorporated into the blasting plan. The requester may notify the permittee
and commission in writing of specific areas of disagreement with the survey results.
History: Effective August 1, 1980; amended effective May 1, 1990; October 1, 1994.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-17-03. Performance standards - Use of explosives - Public notice of blasting

schedule.
1. Blasting schedule publication. Each operator shall:
a. Publish the blasting schedule required by subdivision a of subsection 13 of North Dakota
Century Code section 38-14.1-24 at least ten days, but not more than twenty days,
before beginning a blasting program in which blasts that use more than five pounds
[2.27 kilograms] of explosive or blasting agent are detonated.
b. Distribute copies of the schedule by mail to local governments, public utilities, and each
residence within one-half mile [0.85 kilometers] of the blasting site described in the
schedule.
c. Republish and redistribute the schedule every twelve months, or more frequently if
necessary to meet the requirements of subsection 2.
d. Republish and redistribute a revised blasting schedule at least ten days but not more
than twenty days before blasting whenever the area covered by the schedule changes or
the actual time periods for blasting significantly differ from the prior announcement.
2. Blasting schedule contents:
a. A schedule may not be so general as to cover the entire permit area or all working hours,
but identify the location of the blasting sites and the periods when blasting will occur.

b. The blasting schedule must contain:
(1) Identification of the specific areas in which blasting will take place.
(2) Days and periods when explosives are to be detonated.
(3) Methods used to control access to the blasting area.
(4) Types of audible warnings and all-clear signals used before and after blasting.
(5) A description of unavoidable hazardous situations referred to in section
the schedule.
3. Revisions to blasting notices must be submitted to the commission.
4. The commission may limit the area covered, timing, and sequence of blasting as listed in the
schedule if the limitations are necessary and reasonable to protect public health and safety or
welfare.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-17-04. Performance standards - Use of explosives - Public notice of changes to

blasting schedules.
Repealed effective May 1, 1990.
### § 69-05.2-17-05. Performance standards - Use of explosives - Surface blasting procedures.

1. All blasting must be conducted between sunrise and sunset, unless nighttime blasting is
approved by the commission upon a showing by the operator that the public will be protected
from adverse noise and other impacts. The commission may specify more restrictive time
periods for blasting.
2. Blasting must be conducted at the scheduled times, except in those unavoidable hazardous
situations, previously approved by the commission in the permit application, where operator or
public safety require unscheduled detonation.
3. Warning and all-clear signals of different character that are audible within a range of one-half
mile [0.85 kilometers] from the point of the blast must be given. Each person within the permit
area and each person who resides or regularly works within one-half mile [0.85 kilometers] of
the permit area must be notified of the meaning of the signals through appropriate
instructions. Recipients must be periodically and clearly informed of the meaning of the
signals. Signs must be maintained according to subsection 6 of section 69-05.2-13-04.
4. Access to an area possibly subject to flyrock from blasting must be regulated to protect the
public and livestock. Access to the area must be controlled to prevent the presence of
livestock or unauthorized personnel during blasting and until an authorized representative of
the operator has reasonably determined that:
a. There are no unusual circumstances, such as imminent slides or undetonated charges;
and
b. Access to and travel in or through the area can be safely resumed.

5. Airblast must be controlled so that it does not exceed the values in this subsection at any
dwelling, public building, school, church, or commercial or institutional structure, unless the
structure is owned by the operator or permittee and is not leased to any other person. If a
building owned by the operator or permittee is leased to another person, the lessee may sign
a waiver relieving the operator from meeting the airblast limitations of this subsection.
Lower frequency limit of
measuring system, Hz Maximum
(±3dB) level in dB
0.1 Hz or lower - flat response 134 peak.
2 Hz or lower - flat response 133 peak.
6 Hz or lower - flat response 129 peak.
C-weighted, slow response 105 peak dBC.
a. In all cases except the C-weighted, slow response, the measuring systems used must
have a flat frequency response of at least two hundred Hz at the upper end. The
C-weighted case must be measured with a type 1 sound level meter that meets the
standard American national standards institute (ANSI) S1.4-1971 specifications.
b. The person who conducts blasting may satisfy the provisions of this subsection by
meeting any of the four specifications in the chart in this subsection.
c. The operator shall conduct periodic monitoring to ensure compliance with the airblast
standards. The commission may require an airblast measurement of any or all blasts,
and may specify the location of the measurements.
d. If necessary to prevent damage, the commission will specify lower maximum allowable
airblast levels than those of this subsection for use in the vicinity of a specific blasting
operation.
6. Flyrock, including blasted material traveling along the ground, may not be cast from the
blasting vicinity more than half the distance to the nearest dwelling or other occupied structure
and in no case beyond the line of property owned or leased by the permittee, or beyond the
area of regulated access required under subsection 4.
7. Ground vibrations.
a. In all blasting operations, except as authorized in subdivision e, the maximum ground
vibration may not exceed the values approved in the blasting plan. The maximum ground
vibration for structures listed in subdivision b must be established according to the
maximum peak particle velocity limits of subdivision b, the scaled-distance equation of
subdivision c, or by the commission under subdivision d. All structures in the vicinity of
the blasting area not listed in subdivision b must be protected from damage by a
maximum allowable limit on the ground vibration, submitted by the operator in the
blasting plan and approved by the commission.
b. The maximum ground vibration may not exceed the following limits at the location of any
dwelling, public building, school, church, or community or institutional building outside the
permit area.

Maximum allowable Scaled-distance
peak particle velocity factor to be
(V ) for ground applied without
max
Distance (D), from the vibration, in seismic monitoring
blasting site, in feet inches/second (D )
s
0 to 300 1.25 50
301 to 5000 1.00 55
5001 and beyond 0.75 65
A seismographic record must be provided for each blast.
c. Scaled-distance equation.
(1) An operator may use the scaled-distance equation, W=(D/D )2, to determine the
s
allowable charge weight of explosives to be detonated in any eight-millisecond
period without seismic monitoring, where W = the maximum weight of explosives in
pounds; D = the distance, in feet, from the blast site to the nearest protected
structure; and D = the scaled-distance factor, which may initially be approved by
s
the commission using the values for scaled-distance factor listed in subdivision b.
(2) The development of a modified scaled-distance factor may be authorized by the
commission on receipt of a written request by the operator, supported by
seismographic records of blasting at the minesite. The factor must ensure that the
particle velocity will not exceed the prescribed maximum allowable peak particle
velocity of subdivision b at a ninety-five percent confidence level.
d. The maximum allowable ground vibration will be reduced by the commission beyond the
limits otherwise provided by this section if determined necessary to provide damage
protection.
e. The maximum airblast and ground-vibration standards of this subsection do not apply at
structures owned by the permittee and:
(1) Not leased to another person.
(2) Leased to another person if a written waiver by the lessee is submitted to the
commission before blasting.
History: Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-17-06. Performance standards - Use of explosives - Seismographic measurements.

The commission may require an operator to conduct seismic monitoring of any or all blasts and
may specify the location at which the measurements are taken and the degree of detail necessary in
the measurement.
History: Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24

### § 69-05.2-17-07. Performance standards - Use of explosives - Records of blasting operations.

A log of each blast, including any seismograph reports, must be retained at the minesite under
subsection 13 of North Dakota Century Code section 38-14.1-24. The log must contain:
1. Name of the operator.
2. Location, date, and time of blast.
3. Name, signature, and certificate number of blaster-in-charge.
4. Direction and distance, in feet [meters], to nearest dwelling, school, church, commercial or
institutional building, or other protected structure:
a. Not located in the permit area; or
b. Not owned or leased by the person who conducts the surface mining activities.
5. Weather conditions, including temperature, wind direction, and approximate velocity.
6. Type of material blasted.
7. Diameter and depth of holes.
8. Types of explosives used.
9. Total weight of explosives used per hole.
10. Maximum weight of explosives detonated within any eight-millisecond period.
11. Maximum number of holes detonated within any eight-millisecond period.
12. Initiation system.
13. Type and length of stemming.
14. Mats or other protections used.
15. Sketch of the blast pattern, including number of holes, burden, spacing, decks, and delay
pattern.
16. Seismograph and airblast records, where required, including:
a. The calibration signal of the gain setting.
b. Seismographic reading, including exact location of seismograph, its distance from the
blast, the date and time of the blast, and the vibration levels recorded.
c. Name of the person taking the seismograph reading.
d. Airblast levels recorded.
e. Name of the person and firm analyzing the seismograph report.
17. Reasons and conditions for each unscheduled blast.
History: Effective August 1, 1980; amended effective May 1, 1990; March 1, 2004.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
