Legal
0506
ADVERTISEMENT
Notice is hereby given that South Fork Coal Company, LLC, 1295 Ashford Hill Road, Ashford, WV, 25009, has submitted an application for a request for State Certification as required by Section 401 of the Clean Water Act to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV, 25840. This activity is authorized by the U. S. Army Corps of Engineers General Permit No. 49 (LRH-2014-00640-GAU), which covers coal remining activities. The activity will impact Unnamed Tributaries of Middle Branch of Laurel Creek of Cherry River of Gauley River, located 6.3 (miles) northwest of Richwood, in the Williamsburg and Falling Springs Districts of Greenbrier County, Longitude 80° 29’ 24” and Latitude 38° 08’ 30” (Coordinates from USGS Topographic Map).
Pursuant to Section 401 of the Federal Clean Water Act, the State has Certified with conditions, that the above described activity will comply with Sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State Law. When issuing certification, the WVDEP considered the impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction from the category of activities authorized by the general permit and has conditioned its certification by requiring this notice among other conditions. Any person adversely affected or aggrieved by the Department’s certification authorizing this activity may request a hearing appealing to the Department’s certification within thirty (30) calendar days after the publication of this notice pursuant to Title 47, Legislative Rules. Such requests for a hearing shall identify the requesting party’s interest and the manner in which the interest is aggrieved or adversely affected. Such requests shall be sent to the WVDEP at the above address.
Comments on the proposed certification or requests for a public hearing shall be in writing and if a public hearing is requested shall state the nature of the issues proposed to be raised in the hearing. Such written comments or requests should be sent to the Department of Environmental Protection (DEP) at the address above, and must also reference the Article 11/WVNPDES permit number shown above. Comments received by June 5, 2017, or thirty (30) days from date of publication, will be considered.
DEP Telephone No. (304) 574-4465 Article 11/NPDES Permit No. WV0096971