401 STATE CERTIFICATION ADVERTISEMENT

401 STATE CERTIFICATION ADVERTISEMENT Notice is hereby given that Pocahontas Coal Company LLC, 109 Appalachian Drive, Beckley, WV 25801, has submitted an application for State Certification as required by Section 401 of the Clean Water Act to the Department of Environmental Protection, 254 Industrial Drive, Oak Hill, WV 25901-6102. The activity will consist of disturbance of 217.60 acres to construct three (3) haulroads and surface, contour, and auger / highwall mine the Pocahontas No. 5 and Pocahontas No. 6 coal seams. The activity will impact 4,758 feet of jurisdictional stream channel (0.607 acres) and 3.267 acres of wetland of Devils Fork and Unnamed Tributaries of Devils Fork and Beetree Branch of Guyandotte River, USACOE Public Notice No. LRH-2013-997-GUY and is located 1.8 miles south of Rhodell, in Slab Fork District of Raleigh County, Longitude 81 f 18′ 18″ and Latitude 37 f 34′ 58″ (Coordinates from USGS Topographic Map). Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed 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 may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Legislative rules governing the scope of the Department’s certification, public comment, hearing and appeals are in Title 47, Series 5A. 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 November 30, 2016, or thirty (30) days from date of publication, will be considered. DEP Telephone No. (304) 465-1911 Article 11/WVNPDES Permit No. WV1027816 10-31-MON-1-RH; 4950