ADVERTISEMENT MR-34-BR Notice is hereby given that Kirby Land Company, Inc., 818 North Eisenhower Drive, Beckley, WV 25801 has submitted an application for the issuance of Article 11/WVNPDES Permit No. WV1027891 to the Department of Environmental Protection (DEP), 254 Industrial Drive, Oak Hill, WV 25901-6102 in order to open, operate and maintain a surface mine and haul road in the Beckley and splits thereof seam/mineral bed. The operation will discharge treated water and storm water into unnamed tributaries of/and Bowyer Creek of Piney Creek and unnamed tributaries of/and Take-In Creek of Piney Creek and unnamed tributaries of Beaver Creek of Piney Creek; all of New River of Kanawha River and is located 2.2 miles, northwest of Ghent in Shady Spring District(s) of Raleigh County(ies), Longitude 81 f 08′ 12″ and Latitude 37 f 38′ 38″ (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. 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 March 26, 2015, 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) 465-1911 Article 11/NPDES Permit No.: WV1027891 2-24-TUE-1-RH; LG 2618