A citation for blasting without a license was issued to a worker at the Hurricane Wal-Mart site but was dismissed January 23rd, 2007 in Putnam County magistrate court after the worker blamed his employer for not renewing his license, according to court records.
Garland Mac Plumley was issued the "Uniform Citation And Complaint" on January 18th, 2007 at 10:25 a.m. by Robert Tribble, an investigator with the West Virginia Fire Marshal. Tribble was responding to complaints about loud blasting at the site that was shaking nearby homes. In his report, Tribble says he does not find any other violations and says the blasting is within regulations.
According to Deputy Fire Marshal Anthony Carrico the citation carried a maximum fine of $100 and a maximum jail term of 90 days had Plumley been convicted. The dismissal means he faces neither. Carrico confirms that Plumley has renewed his license.
Despite numerous requests from PutnamLIVE.com for an explanation, Putnam County Proscutor Mark A. Sorsaia has been unable to explain why Plumley's citation was dismissed.
Neighbors of the Wal-Mart construction site say their homes have been "rocked" by the blasts and now are questioning whether the state regulations do enough to protect innocent homeowners next to a construction site. They say they cannot hear warning horns that Tribble says the blasters are using.
Late last year Art King of Kanawha Stone, which is a sub-contractor for the blasting, promised PutnamLIVE.com a copy of the blasting schedule but now claims contractor Cleveland Construction will not allow him to release the schedule. David Koon of Cleveland Construction filed a telephone harassment complaint against this publisher when we called him for comment January 10th, 2007.
Since the citation was issued, the intensity of some of the blasting has decreased, according to neighbors.
Carrico says blasting was not interrupted on January 18th because other blasters working on the site had proper licenses.
The blasting citation is not the first action taken at the construction site by a state agency. Kanawha Stone was issued a Notice of Violation for burning in mid-January and Hudson Construction was issued five Notices of Violations for permit and stream pollution in October of 2006.
Publisher's Note: Though we have no legal obligation to do so, at the request of Mr. Plumley and in cooperation with the Hurricane Police Department PutnamLIVE.com has redacted portions of the citation containing Mr. Plumley's social security number, date of birth, home address, and telephone number.
