Legal Notice


Notice is hereby given that POCAHONTAS COAL COMPANY LLC 109 APPALACHIAN DR, BECKLEY, WV 25801 has submitted an application for the modification of Article 11/WVNPDES Permit No. WV1027816 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to add approximately 77.15 acres of mining area utilizing contour/auger/highwall mining in the Beckley and Pocahontas 6 seams of coal including the addition of fifteen (15) new outlets (036-050) and one (1) in-stream monitoring station (USUNTBB) at the existing/active Devils Fork Highwall Mine No. 2 (S301013-AMEND(1)). The operation will discharge Treated Storm Water into unnamed tributaries of/and Beetree Branch of Devils Fork and unnamed tributaries of/and Devils Fork all of Upper Guyandotte River and is located 1.8 (miles), South of Rhodell, in Slab Fork and Barkers Ridge District(s) of Raleigh and Wyoming County(ies), Longitude 81deg. 18′ 18″ and Latitude 37deg. 34′ 58″ (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 July 15, 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.

DEP Telephone No. 304-574-4465 Article 11/NPDES Permit No. WV1027816

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