Legal Notice

Notice is hereby given that GREENBRIER SMOKELESS, LLC 100 Bill Baker Way, Beckley, WV 25801 has submitted an application for the reissuance of Article 11/WVNPDES Permit No. WV1028006 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to operate a surface mine in the Firecreek, Pocahontas No. 7, and Beckley seam/mineral bed. The operation will discharge Treated and Storm water into unnamed tributary of/and Old Field Branch of South Fork, unnamed tributaries of/and South Fork of Big Clear Creek; unnamed tributaries of/and Joe Knob Branch of/and Kuhn Branch of Little Clear Creek; all of Meadow River of Gauley River and is located 5.6 (miles), Northwest of Williamsburg, WV, in Meadow Bluff District of Greenbrier County, Longitude 80 deg. 33′ 40″ and Latitude 38 deg. 01 ‘ 29 ” (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 6/13/2021, 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 and is available at:


DEP Telephone No. 304-574-4465 Article 11/NPDES Permit No. WV1028006