W. Va. Code R. § 38-2-6

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 38-2-6 - Blasting

6.1. General Requirements. Each operator shall comply with all applicable state and federal laws in the use of explosives. A blaster certified by the Secretary shall be responsible for all blasting operations including the transportation, storage and use of explosives within the permit area in accordance with the blasting plan.

6.2. Blasting Plans.

6.2.a. As required by statute, all surface mining operations that propose blasting shall include a blasting plan. The blasting plan shall explain how the applicant will comply with the blasting requirements of W. Va. Code § 22-3-1 et seq., and this rule. This plan shall include, at a minimum, information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the basis for those limitations, and the methods to be applied in preventing the adverse effects of blasting operations. The blasting plan shall delineate the type of explosives and detonation equipment, the size, the timing and frequency of blasts, and the effect of geologic and topographic conditions on specific blasts. Blasting plans shall be designed to do the following:

6.2.a.1. Prevent injury to persons;

6.2.a.2. Prevent damage to public and private property outside the permit area;

6.2.a.3. Prevent adverse impacts on any underground mine;

6.2.a.4. Prevent change in the course, channel or availability of ground or surface water outside the permit area; and

6.2.a.5. Minimize dust outside the permit area.

6.2.b. The blasting plans referred to in subdivision 6.2.a. of this rule will be reviewed for administrative and technical completeness by the Secretary. The person conducting the review shall be experienced in common blasting practices utilized on surface mining operations. The reviewer will take into consideration past operational history of the applicant, the geological formation the blasting operations will take place in, and the proximity of individual dwellings, structures, or communities to the blasting operations.

6.2.c. The blasting plan shall also contain an inspection and monitoring procedure to ensure that all blasting operations are conducted to minimize adverse impacts to the surrounding environment and surrounding occupied dwellings. For all surface coal extraction operations that will include production blasting, the monitoring procedure shall include provisions for monitoring ground vibrations and air blast.- All seismographs used to monitor airblast or ground vibrations or both comply with the ISEE Performance Specifications for Blasting Seismographs.

6.3. Public Notice of Blasting Operations.

6.3.a. At least ten (10) days but not more than thirty (30) days prior to commencing any blasting operations which detonate five (5) pounds or more of explosives at any given time, the operator shall publish a blasting schedule in a newspaper of general circulation in all the counties of the proposed permit area. Copies of the schedule shall be distributed by Certified Mail to local governments, public utilities, and each resident, within one half mile of the blasting sites. Unless blasting will occur on drainage structures and roads, these structures will be exempt for the purpose of measuring the notification area. A list of residents, utilities and owners of man-made structures within the notification area shall be made a part of the blasting plan, and shall be updated on an annual basis. The operator shall republish and redistribute the schedule at least every twelve (12) months in the same manner above. The operator shall revise, republish and redistribute the schedule at least ten (10) days, but not more than thirty (30) days prior to blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from that set forth in the prior schedule. Proof of notification must be retained by the permittee. The blasting schedule shall contain at a minimum the following:

6.3.a.1. Name, address and phone number of the operator;

6.3.a.2. Identification of the specific areas in which blasting will take place;

6.3.a.3. Dates and times when explosives will be detonated;

6.3.a.4. Methods to be used to control access to the blasting area; and

6.3.a.5. Types and patterns of audible warning and all clear signals to be used before and after blasting.

6.3.b. Blasting Signs. The following signs and markers shall be erected and maintained while blasting is being conducted:

6.3.b.1 Conspicuously place signs reading "Blasting Area" along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area;

6.3.b.2 At all entrances to the permit area from public roads or highways, place conspicuous signs which state "Warning! explosives in Use," which clearly list and describe the meaning of the audible blast warning and all clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.. The signs shall at a minimum be two feet by three feet (2' x 3')

6.4. Surface Blasting on Underground Mines (development face up area, slopes and shafts and Construction Blasting

Construction blasting as used in this subsection means incidental blasting to develop hauhoads, mine access roads, coal preparation plants and drainage structures, and shall not include blasting that removes the overburden to expose underlying coal seams for the surface extraction.

6.4.a. Surface blasting activities related to underground coal mining and construction blasting are not subject to the requirements of subdivision 6.3.a. of this rule so long as all local governments and residents and workplaces or owners of dwellings or structures located within one-half (1/2) mile of the blast site are notified in writing by the operator of proposed times and Locations of the blasting operation. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than twenty-four (24) hours before the blasting will occur.

6.4.b. Blasting activities for underground coal mining and construction blasting will be subject to this rule and regulated as surface blasting and the operator must submit a blast plan that consider all aspect of blasting contain in this section. For shafts and slope related to underground mining, the operator will submit a blast plan for the initial developmental blast of shafts and slopes, which will consider all aspects of surface coal mine blasting contained in this section. The Secretary will then only regulate and monitor for surface effects from ground vibration and airblast for the remainder of the shaft or slope until it intersects the coal seam to be mined.

6.5. Blast Record.

6.5.a. A blasting log book on forms formatted in a manner prescribed by the Secretary shall be kept current daily and made available for inspection at the site by the Secretary and upon written request by the public.

6.5.b. The blasting log shall be retained by the operator for three (3) years.

6.5.c. The blasting log shall contain, at a minimum, but not limited to, the following information:

6.5.c.1. Name of permittee, operator, company conducting blasting, and other person conducting the blast;

6.5.c.2. Article 3 permit number, Location, shot number, date and time of blast;

6.5.c.3. Name, signature and certification number of blaster-in-charge;

6.5.c.4. Identification of nearest protected structure and nearest other structure not owned or leased by the operator, indicate the direction and distance, in feet, to both such structures;

6.5.c.5. Weather conditions, including estimated wind direction and speed;

6.5.c.6. Type of material blasted, including rock type and description of conditions;

6.5.c.7. Number of holes, burden, and spacing;

6.5.c.8. Diameter and depth of holes;

6.5.c.9. Describe different types and quantities of explosives used;

6.5.c.10. Weight of explosives used per hole;

6.5.c.11. Total weight of explosives used;

6.5.c.12. Maximum weight of explosives detonated within any eight (8) millisecond period;

6.5.c.13. method of firing and type of circuit;

6.5.c.14. Type and length of stemming and decking;

6.5.c.15. Describe use of blasting mats or other protective measures used;

6.5.c.16. Type of delay detonator used, delay periods used, and quantities;

6.5.c.17. Seismograph records and air blast records, when required, shall include but not be limited to:

6.5.c.17.A. Seismograph and air blast reading, including exact Location, trigger levels, date, time of reading, frequency in Hz, and its distance from the blast, frill waveform readings shall be attached to the blast log;

6.5.c.17.B. Name of person who installed the seismograph, also name of person and firm taking the readings;

6.5.c.17.C. Name of person and firm analyzing the record, where analysis is necessary; and

6.5.c.17.D. Type of instrument, sensitivity, calibration signal, and certification of annual calibration

6.5.c.18. Shot Location shall be identified with use of blasting grids as found on the blast map, GPS, or other methods as defined by the approved blast plan;

6.5.c.19. Detailed sketch of delay pattern to include detonation timing for each hole or deck in the entire blast pattern, borehole loading configuration, north arrow, distance and directions to structures; and

6.5.c.20. Reasons and conditions for unscheduled blasts, misfires, any unusual event, or violation of the blast plan shall be noted.

6.6. Blasting Procedures.

6.6.a. All blasting shall be conducted during daytime hours, between sunrise and sunset; provided, that the Secretary may specify more restrictive time periods based on public requests or other consideration, including the proximity to residential areas. No blasting shall be conducted on Sunday. Provided, however, the Secretary may grant approval of a request for Sunday blasting if the operator demonstrates to the satisfaction of the Secretary that the blasting is necessary and there has been an opportunity for a public hearing. Blasting shall not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning, or other atmospheric conditions, or operator or public safety requires unscheduled detonations. Blasting shall be conducted in such a way so as to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or groundwater outside the permit area.

6.6.b. Safety Precautions:

6.6.b.1. Three (3) minutes prior to blasting, a warning signal audible to a range of one-half (1/2) mile from the blast site will be given. This pre-blast warning shall consist of three (3) short warning signals of five (5) seconds duration with five (5) seconds between each signal. One (1) long warning signal of twenty (20) seconds duration shall be the "all clear" signal. Each person in the permit area, and each person who resides or regularly works within one half (1/2) mile of the permit area shall be notified of the meaning of these signals;

6.6.b.2. All approaches to the blast area shall be guarded against unauthorized entry prior to and immediately after blasting; and shall remain guarded until the blaster signals the "all clear".

6.6.b.3. All charged holes shall be guarded and posted against unauthorized entry; and

6.6.b.4. The certified blaster shall be accompanied by at least one other person at the time of firing of the blast.

6.6.c. Airblast Limits.

6.6.c.1. Airblast shall not exceed the maximum limits listed below at the Location of any dwelling, public buildings, school, church, or community or institutional building outside the permit area.

Lower frequency limit of measuring system maximum level, in Hz (no more than- 3dB)	Maximum 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

6.6.c.2. If necessary to prevent damage, the Secretary may specify lower maximum allowable airblast levels for use in the vicinity of a specific blasting operation.

6.6.c.3. Monitoring. The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Secretary may require airblast measurement of any or all blasts and may specify the Locations at which such measurements are taken. The air blast measuring systems used shall have an upper-end flat-frequency response of at least 200 Hz. All seismic monitoring shall follow the ISEE Field Practice Guidelines for Blasting Seismographs, unless otherwise approved in the blasting plan.

6.6.d. Flyrock, including blasted material, shall not be cast from the blasting site more than halfway to the nearest dwelling or other occupied structure, beyond the area of control specified in subdivision 6.6.e. of this rule, or in no case beyond the bounds of the permit area.

6.6.e. Access to the blast area shall be controlled against the entrance of livestock or unauthorized personnel during blasting and for a period thereafter until an authorized person has reasonably determined:

6.6.e.1. That no unusual circumstances exist such as imminent slides or undetonated charges, etc.; and

6.6.e.2. That access to and travel in or through the area can be safely resumed.

6.6.f. Blast Design.

6.6.f.1. An anticipated blast design shall be submitted if blasting operations will be conducted within:

6.6.f.1.A. 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or

6.6.f.1.B. 500 feet of an active or abandoned underground mine.

6.6.f.2. The blast design may be presented as part of a permit application or at a time, before the blast as approved by the Secretary.

6.6.f.3. The blast design shall 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 structures, including protected structures, to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards.

6.6.f.4. The blast design shall be prepared and signed by a certified blaster.

6.6.f.5. The Secretary may require changes to the design submitted.

6.6.g. No blasting within five hundred (500) feet of an underground mine not totally abandoned shall be permitted except with the concurrence of the Secretary, the operator of the underground mine, West Virginia Office of Miners Health Safety and Training, and the Mine Safety and Health Administration.

6.6.h. The operator shall not exceed the allowable maximum weight of explosives (lbs.) to be detonated in any eight millisecond period calculated using the following scaled distance formulas, without seismic monitoring:

Formula	Distance in Feet from the Blasting Site to the Nearest Protected Structure
W = (D/50)2	0 - 300 feet
W = (D/55)2	301-5,000 feet
W = (D/65)2	5,000 feet or greater

W = Weight of explosives in pounds

D = Distance to the nearest structure

6.6.i. The scaled distance formulas need not be used for any particular blast if a seismograph measurement at the nearest protected structure is recorded and maintained for-the blast. The peak particle velocity in inches per second in any one of the three mutually perpendicular directions shall not exceed the following values at any protected structure:

Seismograph Measurement (peak particle velocity)	Distance to the Nearest Protected Structure
1.25 ips	0 - 300 feet
1.00 ips	301 - 5,000 feet
0.75 ips	5,001 feet or greater

Seismographs used to demonstrate compliance with this subsection must be shake-table calibrated annually. A copy of the annual calibration certificate shall be kept filed with the blasting logs and seismograph records and made available for review as required by subdivision 6.5.a of this rule. All seismic monitoring shall follow the ISEE Field Practice Guidelines for Blasting Seismographs, unless otherwise approved in the blasting plan.

6.6.J. Blasting-level chart. An operator may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration. If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels for each blast. The Secretary must approve the method for the analysis of the predominant frequency contained in the blasting records before application of this alternative blasting criterion.

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6.6.k. The Secretary may require a seismograph recording of any or all blasts based on the physical conditions of the site in order to prevent injury to persons or damage to property.

6.6.l. The maximum allowable ground vibration as provided in subdivisions 6.6.h. 6.6.i. and 6.6j of this subsection shall be reduced by the Secretary, if determined necessary to provide damage protection.

6.6.m. The maximum airblast and ground vibration standards of subdivisions 6.6.h. 6.6.i. and 6.6j of tills subsection shall not apply at the following Locations:

6.6.m.1. Structures owned by the permittee and not leased to another person; and

6.6.m.2. Structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the Secretary before blasting.

6.6.n. The Secretary may prohibit blasting or may prescribe alternative distance, vibration and airblast limits on specific areas, on a case by case basis, where research establishes it is necessary, for the protection of public or private property, or the general welfare and safety of the public.

6.7. Blasting Control for "Other Structures".

6.7.a. All "other structures" in the vicinity of the blasting area which are not defined as protected structures shall be protected from damage by the limits specified in paragraph 6.6.c.1 subdivisions 6.6.h., 6.6.i. and 6.6j of this rule, unless waived in total or in part by the owner of the structure. The waiver of the protective may be accomplished by the establishment of a maximum allowable limit on ground vibration or air blast limits or both for the structure in the written waiver agreement between the operator and the structure owner. The waiver may be presented at the time of application, in the blasting plan or provided at a later date and made available for review and approval by the Secretary. All waivers must be acquired before any blasts may be conducted designed on that waiver.

6.7.b. The plan submitted under this subsection shall not reduce the level of protection for other structures otherwise provided for in this rule.

6.8. Pre-blast Surveys.

6.8.a. At least thirty days prior to commencing blasting, an operator's designee shall notify in writing all owners and occupants of manmade dwellings or structures with a ½ mile of the permit area or for those that the meet the requirements of 6.4 of this subsection within ½ mile of the blast site that the operator or operator's designee will perform preblast surveys. The operator shall conduct the pre-blast survey in a manner which will determine the condition of the dwelling or structure, to document any preblasting damage and to document other physical factors that could reasonably be affected by the blasting. Assessments of the pre-blasting condition of structures such as pipes, cables, transmission lines, wells and water systems shall be based on the exterior or ground surface conditions and other available data. Attention shall be given to documenting and establishing the pre-blasting condition of wells and other water systems. The pre-blast survey shall include a description of the water source and water delivery system. When the water supply is a well, the pre-blast survey shall include written documentation about the type of well, and where available, the well log and information about the depth, age, depth and type of casing, the static water level, flow and recharge data, the pump capacity, the name of the drilling contractor, and the source or sources of the information.

6.8.b. Surveys, waivers or affidavits for each dwelling or structure within the pre-blast survey area shall be completed on forms approved by the Secretary and signed by person who conducted the survey. They are to submitted to the Secretary at least fifteen (15) days before any blasting may occur: provided, that once all pre-blast surveys have been accepted by the Secretary, blasting may commence sooner than 15 days from submittal. Surveys requested more than ten (10) days before the planned initiation of the blasting shall be completed and submitted to the Secretary by the operator before the initiation of blasting.

6.8.b.1. The Secretary shall review each pre-blast survey as to form and completeness only, and notify the operator of any deficiencies. The operator or his designee shall correct deficiencies within 30 days from receipt of notice of deficiencies.

6.8.b.2. After the times the pre-blast survey is accepted by the Secretary as true to form and complete a copy shall be forward to the owner of the structure. Any person who receives a survey who disagrees with the results of the survey may submit a detailed description of the specific areas of disagreement, to the Secretary. The description of the areas of disagreement will be made a part of the pre-blast survey on file with the Secretary.

6.8.b.3. If a structure is added to or renovated subsequent to a pre-blast survey, a survey of such additions and/or renovation shall be performed upon request of the resident or owner. If a pre-blast survey was waived by the owner and was within the requisite area and the property was sold, the new owner may request a pre-blast survey from the operator. An owner within the requisite area may request, from the operator, a pre-blast survey on structures constructed after the original pre-blast survey.

6.8.c. All pre-blast surveys shall be confidential and only used for evaluating damage claims. The Secretary shall develop a procedure for assuring surveys shall remain confidential

W. Va. Code R. § 38-2-6