Fayette

Legal Notice

ADVERTISEMENT

Notice is hereby given that Frasure Creek Mining, LLC, P.O. Box 100, 137 ½ E Main Street, Oak Hill, WV 25901 has submitted an application for the re-issuance of Article 11 /WVNPDES Permit No.WV1022300 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to continue to surface mine using auger and/or highwall mining operations; add Outlet 033 and move outlet 013 in the No. 2 Gas, Powellton, Eagle A, Big Eagle and Little Eagle seams of coal and their associated spilits. The operation will discharge treated water and storm water into unnamed tributaries of/and Taylor Branch ; unnamed tributaries of/and Carter Branch; all of Loop Creek; and unnamed tributaries of/and Wingrove Branch, unnamed tributaries of/and Tincher Hollow, and unnamed tributaries of/and Dempsey Branch; all of Laurel Creek of the Lower New River of Upper Kanawha River and is located 3.2 miles, east of Kincaid in Valley, New Haven and Plateau Districts of Fayette County, Longitude 81o 11′ 50″ and Latitude 38o 02′ 02″ (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/WVNPDES 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 /WVNPDES permit number shown above. Comments received by February 12, 2022, 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. WV1022300

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