Legal Notice


Notice is hereby given that CM ENERGY OPERATIONS, LP 200 GEORGE ST, STE 4, BECKLEY, WV 25801 has submitted an application for the reissuance of Article 11/WVNPDES Permit No. WV1006681 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV 25840 in order to monitor the abandoned deep mine Double E No. 1 mine (U043200) and haul road in the Bens Creek seam/mineral bed. The operation will discharge Treated Storm water into Big Cub Creek of Upper Guyandotte River and is located 1.5 (miles), south of Coal Mountain, in Clear Fork District(s) of Wyoming County(ies), Longitude 81o 44′ 30″ and Latitude 37deg. 38’57” (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 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 March 30, 2023 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. WV1006681