Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-4-4 - Certificate of Approval4.1. Certificate Required: The owner must obtain a certificate of approval from the Secretary in order to place, construct, enlarge, alter, breach, remove, abandon, perform major repairs upon any dam that falls within the definition set forth in Section 2.7 of these rules. A certificate of approval shall be required on sale or transfer of a dam by the owner of the dam to the new owner.4.2. Certificate of Approval Issuance. 4.2.a. Certificate of approval may constitute full and final approval of a dam or be issued for alterations or repairs, in which case such certificate may or may not constitute final approval of the dam.4.2.b. The Secretary may issue or deny issuance of a certificate of approval based upon the following: 4.2.b.1. The receipt of a complete application, including all applicable fees, in accordance with provisions of Section 5.1 of these rules;4.2.b.2 The review of the application form and plan package for sufficiency and;4.2.b.3. The results of any hearing held in accordance with provisions of W. Va. Code § 22-14-7.4.2.c. Defective applications will be returned to the applicant in order that the applicant may correct any deficiencies. The applicant must send a corrected application to the Secretary within thirty (30) days of the date of the applicant's receipt of the returned application. The Secretary may extend the thirty-day period upon the receipt of a written request from the applicant.4.2.d. Upon receipt of written approval from the Secretary of the sufficiency of the application, the applicant shall immediately publish a Class 1 legal advertisement in a qualified newspaper, as defined in W. Va. Code § 59-3-1, serving the county in which the proposed dam is to be located or in which the existing dam is located. Such notice shall include the name and address of the applicant the location of the dam for which the application was filed, and such other information as may be specified by the Secretary in his written approval.4.3. Hearings prior to issuance of Certificate of Approval: Any person, as defined in W. Va. Code § 22-14-3, whose life or property may be adversely affected by the issuance of a certificate of approval shall have a right to a hearing before the Secretary. A written request for a public hearing, detailing the specific objections to the issuance of the Certificate of Approval, must be sent to the Secretary within fifteen (15) days of the publication of Class 1 legal advertisement required section 4.2.d of these rules. Hearings that concern specific objections of the issuance of a certificate of approval will be conducted in accordance with the provisions of W. Va. Code § 22-14-7 at a location and time set by the Secretary.4.4. Certificate Revocation or Suspension: The Secretary may revoke or suspend a certificate of approval in accordance with the provision of W. Va. Code § 22-14-8 if he determines that a dam for which such certificate was issued constitutes a danger to life and property.4.5. Certificate Terms and Conditions: A certificate of approval may include such terms and conditions as the Secretary may find necessary for the construction or operation of the dam. These terms and conditions may be amended by the Secretary in accordance with the provisions of W. Va. Code § 22-14-8.4.6. Approval to Impound Water: No person may cause a reservoir to initially fill with water or slurry, or refill a drained reservoir, without written approval from the Secretary. 4.6.a. Upon receipt of a written request from a dam owner, the Secretary may waive or modify the refilling approval requirement in a case where frequent draining and refilling of a reservoir is the intended purpose and normal operation of the owner's dam.4.7. Other Approvals: The Secretary may refuse to issue a certificate of approval or may delay issuing a certificate of approval if the applicant fails to obtain other necessary approvals from state or federal agencies. 4.7.a. Waterways Under State or Federal Jurisdiction: Construction of a dam across a waterway which is under the jurisdiction of the state or federal government may require a state or federal agency approval prior to issuance of a certificate of approval by the Secretary.