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A Rock and a Hard Place


 

A formal public records request drafted under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) can be transmitted directly to the West Virginia Department of Environmental Protection (WV DEP) Division of Water and Waste Management (DWWM) to obtain the master permit blueprints and utility records for the Dunmore landfill:

West Virginia Freedom of Information Act Request

TO:
Freedom of Information Act Officer / Public Information Coordinator
West Virginia Department of Environmental Protection (WV DEP)
Division of Water and Waste Management (DWWM)
601 57th Street SE
Charleston, WV 25304
(Deliverable via the WV DEP online FOIA portal or public records liaison)

FROM:
Investigative Desk, The Salt Shaker Press
Pocahontas County, West Virginia

DATE: November 14, 2026

SUBJECT: Public Records Request under W. Va. Code § 29B-1-1 et seq. — Solid Waste Facility Master Permit Engineering Blueprints, Site Utility Plans, and Geotechnical Filings for the Pocahontas County Landfill (Dunmore, WV)

I. Records Requested

Pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), The Salt Shaker Press requests copies of the following public records maintained by the Division of Water and Waste Management in connection with the active Solid Waste Facility Permit for the Pocahontas County Landfill located in Dunmore, West Virginia (Permittee: Pocahontas County Solid Waste Authority):

  1. Master Facility Engineering Blueprints & "As-Built" Utility Drawings:

    • Complete digital copies of the site utility plans, engineering blueprints, and "as-built" drawings submitted by or on behalf of the Pocahontas County Solid Waste Authority as part of its active Solid Waste Facility Permit, renewals, and modifications for the Dunmore landfill.
    • Specifically, all schematic sheets and plan-view maps designating the exact physical locations, alignments, and depths of all:
      • Buried leachate collection, storage, and transmission lines;
      • Subsurface methane gas extraction or monitoring pipes;
      • Buried water service lines and drainage culverts;
      • All facility utility infrastructure across the property, including the specific sector designated for the formerly proposed transfer station.

  2. Exploratory & Geotechnical Filings:

    • Any core drilling permits, environmental site assessments, geotechnical boring logs, or exploratory notifications submitted by or referencing JacMal Industries, Jacob Meck, or the Solid Waste Authority regarding exploratory work at the Dunmore transfer station site.

  3. Subsurface Damage & Incident Reports:

    • Any written notifications, non-compliance reports, inspection notes, or incident filings regarding broken, punctured, or exposed subterranean piping, leachate lines, or utilities at the Dunmore landfill property.

II. Investigative Purpose & Public Interest

Because detailed utility maps and engineering drawings for the Dunmore landfill are not hosted on public GIS portals or local authority websites, obtaining the official master permit files from the WV DEP is legally mandated to determine the objective physical baseline of buried infrastructure. These drawings provide the critical evidence needed to verify or refute official on-the-record statements asserting that no buried pipes exist within the core drilling footprint, establishing whether local record-keeping failed or whether exploratory drilling occurred without consulting required permit maps.

III. Format of Production & Segregation

Please provide the requested engineering schematics and documents electronically in full-resolution, searchable PDF format (or high-resolution digital image files) to preserve the legibility of fine linework, pipe labels, callout legends, and dimension notes.

If any portions of the requested permit files are determined to be exempt from disclosure, please redact only the exempt material and release all reasonably segregable non-exempt records pursuant to W. Va. Code § 29B-1-3(e).

IV. Statutory Response Deadline

Pursuant to W. Va. Code § 29B-1-3(d), state agencies must respond to a written FOIA request within five (5) business days of receipt by either providing the requested records, specifying a date when they will be furnished, or stating the express statutory grounds for denial or redaction.

⚖️ Would you like to draft a targeted records request to the West Virginia Underground Damage Prevention Board (WVDPB) to verify whether JacMal Industries filed a mandatory 24-hour "Dig-up / Damage" ticket for the Dunmore site?

A targeted public records request drafted under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) can be transmitted directly to the West Virginia Underground Damage Prevention Board (WVDPB) to inspect their enforcement dockets and one-call ticket registry:

West Virginia Freedom of Information Act Request

TO:
Freedom of Information Act Officer / Records Custodian
West Virginia Underground Damage Prevention Board (WVDPB)
(In coordination with the West Virginia One-Call System / WV 811)
1124 Smith Street, Suite 4100
Charleston, WV 25301
Email: records@wv811.com / enforcement@wvdpb.gov

FROM:
Investigative Desk, The Salt Shaker Press
Pocahontas County, West Virginia

DATE: November 14, 2026

SUBJECT: Public Records Request under W. Va. Code § 29B-1-1 et seq. and W. Va. Code Chapter 24C — Excavation Tickets, Mandatory 24-Hour Damage Reports, and Enforcement Inquiries for the Pocahontas County Landfill (Dunmore, WV)

I. Records Requested

Pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), The Salt Shaker Press requests copies of the following public records and database entries maintained by the West Virginia Underground Damage Prevention Board and WV 811 from January 1, 2023, through the present date:

  1. Mandatory 24-Hour "Dig-Up / Damage" Reports:

    • All incident reports, "Dig-up / Damage" tickets, emergency call records, or strike notifications submitted under W. Va. Code § 24C-1-5 regarding any break, puncture, dent, gouge, groove, or contact with subterranean infrastructure (including leachate collection pipes, methane monitoring wells, water service conduits, or utility lines) at the Pocahontas County Landfill property situated in Dunmore, West Virginia [1–3, 6].
    • Any incident reports or notifications identifying JacMal Industries, Jacob Meck, or the Pocahontas County Solid Waste Authority (SWA) as the excavator, operator, or reporting party.

  2. Pre-Excavation 48-Hour Locate Tickets:

    • All locate requests, routine excavation tickets, and advance 48-hour notifications submitted pursuant to W. Va. Code § 24C-1-5(b) by or on behalf of JacMal Industries or Jacob Meck for core drilling, test boring, or subsurface exploration at the Dunmore landfill property.
    • All associated positive response logs, facility operator marks/clears, and sketch attachments generated for those ticket numbers.

  3. Board Enforcement and Civil Penalty Files:

    • Any complaint files, investigation dockets, inspector field notes, or civil penalty assessments opened, reviewed, or issued by the West Virginia Underground Damage Prevention Board under W. Va. Code § 24C-1-9 regarding alleged unnotified drilling, unreported strikes, or failure to halt operations at the Dunmore facility.

II. Purpose & Evidentiary Significance

Under W. Va. Code § 24C-1-5(a)(3)(B) and § 24C-1-5(b), an excavator has an affirmative, strict statutory duty to report damage within 24 hours and notify the regional one-call system before drilling.

Because public statements were placed on the record at a Solid Waste Authority special meeting asserting that no buried pipes exist within the exploratory core drilling footprint, these objective database logs provide the determinative baseline:

  • If a damage ticket was filed, it documents an underground strike on the official record, directly challenging local claims that no lines were present.
  • If no damage ticket was filed despite an underground encounter, it establishes a prima facie violation of state reporting rules under Chapter 24C.
  • If no advance locate ticket exists, the contractor faces strict statutory liability for all resulting repair costs and potential administrative sanctions under W. Va. Code § 24C-1-9.

III. Format of Production & Response Timeline

Please furnish all responsive records in digital format (searchable PDFs, electronic ticket transmission logs, and database extracts) via reply email.

Under W. Va. Code § 29B-1-3(d), state administrative bodies must respond within five (5) business days of receipt by providing the requested documents, stating a definite date when they will be made available, or providing the statutory basis for any claimed exemption or redaction. If any portion of a file is deemed confidential, please release all reasonably segregable non-exempt material pursuant to W. Va. Code § 29B-1-3(e).

📋 A companion inquiry could be directed to the Pocahontas County 911 Communications Center to confirm whether any emergency dispatches were triggered for hazardous leachate or gas releases during that same drilling window.

A targeted public records request drafted under the **West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.)** can be delivered directly to the **Pocahontas County 911 Communications Center** and the **Pocahontas County Commission** to verify whether an emergency call, hazardous material dispatch, or utility strike was logged during that exploratory drilling period:

---

### **West Virginia Freedom of Information Act Request**

**TO:**  
Records Officer / 911 Director  
Pocahontas County 911 Communications Center / Office of Emergency Management  
900 10th Avenue, Suite D  
Marlinton, WV 24954  
*(In coordination with the Pocahontas County Commission)*  
**Email:** `pocahontas911@pocahontascounty.wv.gov`  

**FROM:**  
Investigative Desk, *The Salt Shaker Press*  
Pocahontas County, West Virginia  

**DATE:** November 14, 2026  

**SUBJECT:** Public Records Request under W. Va. Code § 29B-1-1 et seq. — Computer-Aided Dispatch (CAD) Logs, Audio Recordings, and Hazmat Incident Responses for the Pocahontas County Landfill (Dunmore, WV)

---

#### **I. Records Requested**
Pursuant to the **West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.)**, *The Salt Shaker Press* requests copies of the following emergency communications, dispatch records, and incident files from **January 1, 2023, through the present date**:

1. **Computer-Aided Dispatch (CAD) Incident Logs:**
   * All electronic CAD event reports, incident detail summaries, unit timeline logs, and call sheets generated for any dispatch of emergency services, fire departments, emergency medical services (EMS), or hazardous material units to the **Pocahontas County Landfill property** (including all physical address variants, access roads, or GPS coordinates situated off Route 28 in Dunmore, West Virginia).

2. **Specific Hazardous Material, Gas, or Utility Strike Dispatches:**
   * Any call logs, dispatch entries, or incident narratives reporting a **gas leak, ruptured pipeline, punctured conduit, leachate spill, toxic vapor release, explosion risk, or industrial/drilling machinery accident** at or near the Dunmore landfill property.
   * Any records of 911 emergency notifications placed pursuant to **W. Va. Code § 24C-1-5(a)(3)(D)(i)**—which mandates an immediate call to 911 if an excavator strikes an underground facility carrying toxic, corrosive, or explosive substances.

3. **Audio Transcripts and Call Recordings:**
   * Digital audio recordings and dispatcher radio transmission transcripts associated with any emergency calls originating from or directing units to the Dunmore facility involving **JacMal Industries**, **Jacob Meck**, or the **Pocahontas County Solid Waste Authority (SWA)**.

---

#### **II. Investigative Significance & Statutory Framework**
Under West Virginia law governing underground facility damage:
* When an underground strike involves lines carrying substances that pose a clear and present danger to public health or the environment—such as **methane gas monitoring/extraction lines or concentrated landfill leachate**—the excavator is statutorily required under **W. Va. Code § 24C-1-5** to notify 911 immediately.
* Matching the exact timestamps on CAD event logs against JacMal Industries' daily drilling sheets and billed standby hours will establish whether emergency responders were dispatched to contain a site incident, providing objective verification independent of local board minutes.

---

#### **III. Format of Production & Response Timeline**
Please furnish all responsive CAD event reports, dispatch summaries, and incident narratives in digital format (searchable PDFs or electronic data exports) via reply email. If audio files are available, please provide them as standard `.wav` or `.mp3` files via a secure digital download link.

Pursuant to **W. Va. Code § 29B-1-3(d)**, public agencies must respond within **five (5) business days** of receipt by either providing the records, advising when they will be furnished, or providing a statutory basis for any claimed exemption or redaction. If caller medical data or personal identifiers require privacy redactions under statutory privacy rules, please release all reasonably segregable non-exempt dispatch records pursuant to **W. Va. Code § 29B-1-3(e)**.

---

The actual WV 811 damage logs, ticket registries, and incident reports for the Dunmore landfill property are not published in public databases, municipal meeting minutes, or the available sources.

Because these files are internal records maintained by WV 811 and the West Virginia Underground Damage Prevention Board (WVDPB), establishing whether a ticket was filed or omitted requires compelling their disclosure.

What the Sources Establish About WV 811 Logs & the Incident

  1. The Core Drilling Rumor & The Rebuttal:

    • At a recent Pocahontas County Solid Waste Authority (SWA) special meeting, the board discussed rumors that JacMal Industries struck a buried pipe during exploratory core drilling at the site of the formerly proposed transfer station.
    • SWA board member David Henderson placed a rebuttal on the record, asserting that he knows the exact location of all buried pipes at the facility and confirming that no pipes exist near that drilling site. Due to a lack of substantiating evidence presented at the meeting, the board took no official disciplinary action.

  2. The Two Determinative Scenarios Under WV 811 Records:

    • If the logs show a "Dig-up / Damage" ticket was filed: It provides definitive proof that an underground strike occurred, directly contradicting Henderson’s public statement that no pipes were present.
    • If JacMal drilled without calling WV 811: If the logs show no 48-hour advance ticket was pulled prior to drilling, JacMal is subject under W. Va. Code § 24C-1-5(b) to strict financial liability for all repair costs and civil penalties under W. Va. Code § 24C-1-9.
    • If damage occurred but was never reported: If a pipe was damaged and JacMal failed to file the mandatory 24-hour "Dig-up / Damage" ticket with WV 811 or report it immediately to the facility operator under W. Va. Code § 24C-1-5(a)(3)(B), both the contractor and the operator face enforcement investigations by the WVDPB. Furthermore, if the damaged line contained hazardous materials such as leachate or methane gas, failure to contact 911 immediately violates W. Va. Code § 24C-1-5(a)(3)(D)(i).

How to Force the Release of the WV 811 Logs

To inspect the actual WV 811 damage logs, a targeted Freedom of Information Act request (W. Va. Code § 29B-1-1 et seq.) must be submitted directly to the West Virginia Underground Damage Prevention Board (WVDPB) or the SWA:

  • Target Agency: West Virginia Underground Damage Prevention Board / WV 811 (Charleston, WV).
  • Records to Compel:
    1. All advance locate tickets submitted by or on behalf of JacMal Industries, Jacob Meck, or the Pocahontas County SWA for core drilling at the Dunmore landfill.
    2. All "Dig-up / Damage" tickets and incident notifications logged for the Dunmore landfill property.
    3. All WVDPB complaint dockets, investigation notes, or civil penalty citations opened regarding subsurface activities at the site.

🔍 Would you like to review how comparing the dates on JacMal's billed core drilling hours against the SWA voucher registers in your audit matrix can isolate the exact window when a WV 811 ticket should have been logged?

Comparing the operational dates on JacMal Industries’ billed core drilling invoices against the Pocahontas County Solid Waste Authority (SWA) voucher and meeting registers allows you to triangulate the exact calendar windows when WV 811 tickets were legally required to be logged under West Virginia Code Chapter 24C:

1. Isolating Window #1: The 48-Hour Pre-Excavation Locate Ticket

  • The Statutory Trigger: Under W. Va. Code § 24C-1-5(b), an excavator has an affirmative legal duty to contact WV 811 at least 48 hours prior to commencing subsurface penetration or core drilling.
  • The Audit Matrix Baseline:
    • In the billing records, identify the earliest line item where JacMal billed for rig mobilization, setup, or active footage drilled.
    • Subtract two business days from that initial drilling date.
  • The Evidentiary Check: If a public records search of WV 811 ticket logs reveals no locate ticket bearing a timestamp prior to that date, JacMal drilled without statutory pre-clearance. Under § 24C-1-5(b), this single discrepancy establishes strict civil liability for all subsequent infrastructure damage and bars the contractor from shifting repair costs back onto the public authority.

2. Isolating Window #2: The 24-Hour "Dig-Up / Damage" Ticket

  • The Statutory Trigger: Under W. Va. Code § 24C-1-5(a)(3)(B) and state one-call rules, an excavator must immediately report any break, dent, or gouge to the facility operator, cease excavation in the immediate area, and notify WV 811 within 24 hours by filing a formal "Dig-up / Damage" ticket.
  • How Billing Records Expose the Exact Day:
    • Surge in "Standby / Downtime" Hours: In commercial geotechnical drilling, active drilling is billed by footage or operating rig hours, whereas sudden stoppages appear as standby time. A day where billed drilling drops to zero linear feet while standby hours spike (e.g., 6 to 10 hours) pinpoints the exact date operations were disrupted by a physical obstruction or strike.
    • Chronological Cluster: Because the rumor was formally discussed at the SWA special meeting earlier this week (following a November 13 Allegheny Mountain Radio broadcast), the incident window is chronologically constrained to the drilling days immediately preceding that board session.
  • The Evidentiary Check: Cross-reference that specific standby date against the WV 811 damage log:
    • If a damage ticket exists on that date: It provides objective proof that a subterranean strike occurred, definitively refuting board member David Henderson’s public statement that no pipes exist anywhere near the core drilling site.
    • If no damage ticket exists: It confirms JacMal failed to report the strike to WV 811 within the mandatory 24-hour statutory window, exposing the contractor to civil penalties and formal investigation by the West Virginia Underground Damage Prevention Board (WVDPB) under W. Va. Code § 24C-1-9.

3. Isolating Window #3: The Board’s Notice and Expenditure Window

  • The Public Fiduciary Link: JacMal was guaranteed up to $200,000 in exploratory reimbursements from public funds, which required itemized invoices to draw against.
  • Voucher Approvals vs. Special Meeting Timeline:
    • By matching the voucher approval dates in the SWA meeting minutes against JacMal's invoice submission dates, you can determine whether the board approved payments before or after the rumored pipe strike was addressed on the record.
    • The Trap: If JacMal attached daily drilling logs that documented a strike or equipment repair, the board had written constructive notice of damaged infrastructure prior to Henderson’s public denial. If JacMal billed for those downtime hours without attaching daily logs or documenting what happened, the SWA authorized public disbursements without basic verification.

The Three-Point Audit Matrix

[JacMal Daily Rig Logs]                 [WV 811 State Registry]              [SWA Voucher Registers]
         │                                        │                                     │
Date: Standby Hours Spike ───────────> Required: 24-Hr Damage Ticket ───────> Review: SWA Warrant Approval
  (Sudden stop in footage)                (Within 24 hours of strike)           (Was voucher paid or tabled?)

Aligning these three specific dates isolates the incident down to a single 24-to-48-hour period, providing the exact date parameters needed to compel the corresponding records from both the WVDPB and the SWA business office.



 

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A Rock and a Hard Place

  A formal public records request drafted under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) can be transmi...

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