401 STATE CERTIFICATION ADVERTISEMENT
Notice is hereby given that REPUBLIC ENERGY, LLC PO Box 69, 622 Packs Branch Road, Pax, WV 25904 has submitted an application for State Certification as required by Section 401 of the Clean Water Act to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 . The activity will consist of construction of four durable rock fills, four instream ponds, eight culverted stream crossings associated with access roads at the proposed Turkeyfoot Surface Mine S-3014-19/WV1030175). This 401 State Certification is certifying activities associated with US Army Corps of Engineers 404 permit LRH-2020-631-BCR.
The activity will impact 18,420 linear feet of intermittent and perennial stream channels and 1.79 acres of wetland of McGraw’s Fork, Right Fork of Workman Creek of Workman Creek and Stover Fork all of Clear Fork and Wingrove Branch of Sandlick Branch of Marsh Fork of Big Coal River of Coal River of Kanawha River and is located 2.9 (miles), south of Clear Creek , in Clear Fork and Marsh Fork District of Raleigh County, Longitude 81deg. 21′ 19 ” and Latitude 37deg. 52′ 29″ (Coordinates from USGS Topographic Map).
Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with Sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State Law. When issuing certification, the WVDEP may considered the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction . Legislative rules governing the scope of the Department’s certification, public comment, hearing and appeals are in Title 47, Series 5A.
Comments on the proposed certification or requests for a public hearing 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/ WVNPDES permit number shown above. Comments received by June 24, 2021, or thirty (30) days from date of publication, will be considered.
DEP Telephone No. 304-574-4465 Article 11/NPDES Permit No. WV1030175