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. WV0001872 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to implement revised selenium limits for specific outlets based on a selenium whole body fish tissue study at the Affinity Mine Complex – O007382, O013583, U015282).

The operation will discharge Treated and Storm water into LAUREL BRANCH OF SOAK CREEK AND UNNAMED TRIBUTARIES OF/AND SOAK CREEK OF PINEY of Lower New River and is located 0.75 miles SOUTHEAST of MIDWAY in TOWN District of Raleigh County, Longitude 81deg. 13′ 33″ and Latitude 37deg. 42′ 43″ (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 April 26, 2020, 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. WV0001872

ID: 377578