Legal Notice


Notice is hereby given that Panther Creek Mining, LLC 250 W. Main Street, Suite 2000, Lexington, KY 40507 has submitted an application for the reissuance of Article 11/WVNPDES Permit No. WV1012975 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to maintain a reclaimed and abandoned deep mine in the 2 Gas seam/mineral bed. The operation will discharge storm water into Unnamed Tributary of Loop Creek of the Upper Kanawha River, and is located 3.7 (miles), southwest of Powellton, in Valley District of Fayette Counties, Longitude 81deg. 16′ 32″ and Latitude 38deg. 03′ 35″ (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 March 4, 2023, 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. WV1012975, NPR5