Raleigh

Legal Notice

Advertisement (MR-34-BM)

Notice is hereby given that Pocahontas Coal Company, LLC, 109 Appalachian Drive, Beckley, WV 25801 has submitted an application for the modification of Article 11/WVNPDES Permit No. WV1027816 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to add approximately 46.05 acres of mining area utilizing contour/auger/highwall mining in the Beckley seam of coal including the addition of twelve (12) new outlets (063-074), the addition of three (3) in-stream monitoring stations (USCB1, DSBB2 and DSUTBB), and the deletion of two (2) outlets (037 and 038) at the existing/active Devils Fork Highwall Mine No. 2 (S301013-AMEND(2)).

The operation will discharge treated storm water into Unnamed Tributaries of/and Beetree Branch of Devil’s Fork and Unnamed Tributaries of/and Devil’s Fork, Unnamed Tributaries of/and Big Branch, Unnamed Tributaries of/and Comer Branch of Barkers Creek, all of the Upper Guyandotte River and is located 1.8 miles south of Rhodell, in Slab Fork and Barkers Ridge District of Raleigh & Wyoming County, Longitude 81deg. 18′ 18″ and Latitude 37deg. 34′ 58″ (Coordinates from USGS Topographic Map).

The Department of Environmental Protection is seeking information on private surface water intakes for human consumption located in the above listed receiving streams and located down stream of this operation. Please provide your name, phone number, mailing address, the name of the stream being with the intake, and the physical location of the intake. This information needs to be submitted to the address above.

An anti-degradation review has been conducted. Tier 1 protection is afforded because effluent limitations ensure compliance with water quality criteria for all designated uses. Where applicable, Tier 2 protection is also afforded because the agency has made a determination that the discharge(s) will not cause significant degradation of the receiving stream(s) for any parameters of concern.

Comments on the Article 11/WVNPDES application or requests for a public hearing regarding the Article 11/NPDES application 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/NPDES permit number shown above. Comments received by Febuary 25th, 2023, or thirty (30) days from date of publication, will be considered. A copy of the Article 11/WVNPDES application, draft permit, rationale page, and fact sheet (if required) will be available for inspection and obtaining copies during normal business hours at the DEP Regional Office located at the address above.

DEP Telephone No. (304) 574-4465 Article 11/NPDES Permit No. WV1027816

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