Fayette

Legal Notice

ADVERTISEMENT (MR-34-BM)

Notice is hereby given that RESILIENT MINING LLC 1330 SOUTH MAYO TRAIL (BOX 12), 3RD FLOOR SUITE
302, PIKEVILLE, KY 41501 has submitted an application for the modification of Article 11 /WVNPDES Permit No. WV1022300 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to operate a proposed coal surface mine amendment (Taylor Branch Surface Mine – SMA S303807) utilizing contour surface mining, highwall mining, and auger mining methods. The operation will discharge Treated Storm water into Unnamed Tributaries of Open Fork and Open Fork; Unnamed Tributaries of Taylor Branch and Taylor Branch; Unnamed Tributaries of Carter Branch and Carter Branch of Loop Creek; and Unnamed Tributaries of Wingrove Branch and Wingrove Branch and Unnamed Tributaries of Tincher Hollow and Tincher Hollow; and Unnamed Tributaries of Dempsey Branch and Dempsey Branch a Tributary of Laurel Creek a Tributary of Lower New River all Tributaries of the Kanawha River of Upper Kanawha River and is located 3.2 (miles), East of Kincaid, in Valley, New Haven, Plateau District(s) of Fayette County(ies), Longitude 81deg. 11′ 50″and Latitude
38deg. 2 ‘ 2″ (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 to the
receiving stream(s) for any parameters of concern.

Comments on the Article 11 WV/NPDES 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 May 13, 2023 or thirty (30) days from date of publication, will be considered. A copy of the Article 11/WVNPDES application, draft permit 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. WV1022300

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