West Virginia Code § 22-4-12

Preblast survey requirements
Open in Lexace · Ask the AI about this section
(a) For all new permits issued after the effective date of this section, at least thirty days prior
to commencing blasting, an operator or an operator's designee shall make the following
notifications in writing to all owners and occupants of protected structures that the operator
or operator's designee will perform preblast surveys in accordance with subsection (f) of this
section. The required notifications shall be to all owners and occupants of perotected
structures within one thousand five hundred feet of the blasting area.
(b) For quarries in operation as of the effective date of this section, the quarry operator
within one year, shall conduct a preblast survey of the first proteucted structure within one
thousand feet of the blasting area. Any property owner may, at their own expense, pay for a
preblast survey meeting the provisions of this article, for hist or her protected structure to
assess the impact of future blasts to those dwellings or structures by an existing quarry.
(c) An occupant or owner of a man-made dwelling or structure within the areas described in
subsection (a) of this section, may waive the right tlo a preblast survey in writing. If a
dwelling is occupied by a person other than thse owner, both the owner and the occupant
must waive the right to a preblast survey in writing. If an occupant or owner of a man-made
dwelling or structure refuses to allow the operator or the operator's designee access to the
protected structure and refuses to wgaive in writing the right to a preblast survey or to the
extent that access to any portion of the structure, underground water supply or well is
impossible or impractical undeer the circumstances, the preblast survey shall indicate that
access was refused, impossible or impractical. The operator or the operator's designee shall
execute a sworn affidavLit explaining the reasons and circumstances surrounding the
refusals.
(d) If a preblast survey was waived by the owner and was within the requisite area and the
property is sold, the new owner may request a preblast survey from the operator.
(e) WAn owner within the requisite area may request, from the operator, a preblast survey on
structures constructed after the original preblast survey.
(f) The preblast survey shall include:
(1) The names, addresses or description of structure location and telephone numbers of the
owner and the residents of the structure being surveyed and the structure number from the
permit blasting map;
(2) The current home insurer of the owner and the residents of the structure;
(3) The names, addresses and telephone numbers of the operator and the permit number;
(4) The current general liability insurer of the operator;
(5) The name, address and telephone number of the person or firm performing the preblast
survey;
(6) The current general liability insurer of the person or firm performing the preblast survey;
(7) The date of the preblast survey and the date it was mailed or delivered to the director;
(8) A general description of the structure and its appurtenances including, but not limited to:
(A) The number of stories; (B) the construction materials for the frame and the exterior and
interior finish; (C) the type of construction including any unusual or substandard
construction; and (D) the approximate age of the structure;
(9) A general description of the survey methods and the direction of progression of the
survey, including a key to abbreviations used;
(10) Written documentation and drawings, videos or pahotographs of the preblast defects and
other physical conditions of all structures, appurtenances and water sources which could be
affected by blasting; l
(11) Written documentation and drawings, videos or photographs of the exterior and interior
of the structure to indicate preblast defects and condition;
(12) Written documentation and drawings, videos or photographs of the exterior and interior
of any appurtenance of the structure to indicate preblast defects and condition;
(13) Sufficient exterior and interior photographs or videos, using a variety of angles, of the
structure and its appurtLenances to indicate preblast defects and the condition of the
structure and appurtenances;
(14) Written documentation and drawings, videos or photographs of any unusual or
substandard construction technique and materials used on the structure and/or its
appurtenances;
(15) Written documentation relating to the type of water supply, including a description of
the type of system and treatment being used, an analysis of untreated water supplies, a
water analysis of water supplies other than public utilities, and information relating to the
quantity and quality of water;
(16) When the water supply is a well, written documentation, where available, relating to the
type of well; the well log; the depth, age and type of casing or lining; the static water level;
flow data; the pump capacity; the drilling contractor; and the source or sources of the
documentation;
(17) A description of any portion of the structure and appurtenances not documented or
photographed and the reasons;
(18) The signature of the person performing the survey; and
(19) Any other information required by the director which additional information shall be
established by rule in accordance with article three, chapter twenty-nine-a of this code.
(g) The director may require a preblast survey as a condition of a major permit modification,
upon a finding that the proposed blasting area will occur within one thousand five hundred
feet from a protected structure, and will be of a nature and intensity to potentially cause
blasting damage. e

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.