Raleigh

Legal Notice

ADVERTISEMENT MR-34-BR

Notice is hereby given that LEXINGTON COAL COMPANY, LLC PO BOX 58370, 123 Long Shoals Branch (Alum Creek), CHARLESTON, WV 25358 has submitted an application for the reissuance of Article 11/WVNPDES Permit No. WV1029711 to the Department of Environmental Protection, 1101 George Kostas Drive, Logan, WV 25601 in order to operate and maintain a surface mine (S502007) in the Stockton, Winifrede, Chilton, and Coalburg seam/mineral bed. The operation will discharge Treated Storm water into unnamed tributaries of Matts Creek and Matts Creek of West Fork of Pond Fork of Little Coal River and Hazy Creek of Marsh Fork of Big Coal River of Coal River and is located 3.09 miles, southeast of Twilight in Crook and Marshfork Districts of Raleigh and Boone Counties, Longitude 81° 34’ 16” and Latitude 37° 52’ 59” (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, a full Tier 2 anti-degradation review has been conducted.

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 April 27, 2025, or thirty (30) days from date of publication, will be
considered. A copy of the Article 11/WVNPDES application, draft permit, rational 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. 304-792-7250 Article 11/NPDES Permit No. WV1029711

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