Raleigh

Legal Notice

NPDES MODIFICATION ADVERTISEMENT

Notice is hereby given that Pocahontas Coal Company LLC, 109 Appalachian Drive, Beckley, WV 25801 has submitted an application for the modification of Article 11 /WVNPDES Permit No. WV1022369 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to reactivate Outlets 001-005, 008, 015, 018-021, 026, 030, 033, 035, 038, and 039 from Post-Mining Surface Acid Tech Based limits to Water Quality Based limits..

The operation will discharge Treated and Storm water into Bragg Branch, Lefthand Fork – both of/and Tommy Creek of Stonecoal Creek and Pines Creek of/and Stonecoal Creek – all of Winding Gulf of Upper Guyandotte River and is located 1.5 (miles), southwest of Josephine, in Slab Fork District(s) of Raleigh County(ies), Longitude 81deg. 14′ 58″ and Latitude 37deg. 36′ 43″ (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 June 30th, 2022, 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. 304-574-4465 Article 11/NPDES Permit No. WV1022369

ID: 608096