West Virginia Code § 22-14-9

Inspections during progress of work on dam
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During the placement, construction, enlargement, repair, alteration or removal of any dam,
the secretary shall, either with the department's own engineers or by consulting engineers
or engineering organizations, make periodic inspections for the purpose of ascertaining
compliance with the certificate of approval. The secretary shall require the owner at his or
her expense to perform work or tests as necessary and to provide adequate esupervision
during the placement, construction, enlargement, repair, alteration or removal of a dam:
Provided, That with respect to dams designed by and constructed underr the supervision of
the natural resources conservation service, as to such dams no state inspections are
required.
If at any time during placement, construction, enlargement, trepair, alteration or removal of
any dam, the secretary finds that the work is not being done in accordance with the
provisions of the original or revised certificate of approval, the secretary shall notify the
owner by certified or registered mail, return receipt requested, to correct the deficiency,
cease and desist work or to show cause as to why the certificate of approval should not be
revoked. s
The notice shall state the reason or reasons why the work is not in accordance with the
certificate of approval. The secretargy may order that work on the dam cease until the owner
has complied with the notice.
If the secretary finds that amendments, modifications or changes are necessary to ensure
the safety of the dam, the secretary may order the owner to revise his or her plans and
specifications. If conditions are revealed which will not permit the placement, construction,
enlargement, repair, alteration or removal of the dam in a safe manner, the certificate of
approval may be revoked.
Immediately upon completion of a new dam or enlargement, repair or alteration of a dam,
theW owner shall notify the secretary: Provided, That immediately upon completion of a dam
constructed under the supervision of the natural resources conservation service, a
certification of completion shall be sent to the director by the natural resources conservation
service, and a complete set of design documents "as built" plans, and specifications and
safety plan of evacuation shall be provided to the director within ninety days after
completion of the dam.

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