W. Va. Code R. § 38-4-23

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-4-23 - Enlargement of a Structure to Jurisdiction
23.1. An operator planning to enlarge an existing structure so that the completed structure will meet the definition of "dam" set forth in Section 2.7 of these rules must obtain a certificate of approval from the Secretary.
23.2. A complete application in accordance with the provisions of Section 5.1 of these rules must be submitted to and approved by the Secretary prior to the commencement of enlargement activities. The plan package submitted in order to enlarge a structure to jurisdiction shall be in accordance with the applicable requirements of Section 6 of these rules. Narratives, plans or specifications required under Section 6 of these rules which are clearly not applicable to the proposed enlargement may be omitted from the submittal; however, the Secretary reserves the right to specify those items which must be included in the enlargement plan package.
23.3. The Secretary will require adequate drilling and testing of the existing structure and foundation to ascertain in place conditions.
23.4. The requirements of Section 12 of these rules shall apply when enlarging a structure to jurisdiction unless clearly not applicable to the enlargement operation; however, the Secretary reserves the right to specify which requirements are applicable.

W. Va. Code R. § 38-4-23