Mercer

Legal Notice

ADVERTISEMENT (MR-34-BM)

Notice is hereby given that BAYSTAR COAL COMPANY, INC. PO BOX 1084, 356 S COLLEGE AVE, BLUEFIELD, VA 24605 has submitted an application for the modification of Article 11/WVNPDES Permit No. WV1008919 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville. WV 25840 in order to construct an additional mine opening, add outlet 009 to monitor discharges from the disturbed areas, and add (2) BAS Sites BASDS009, and BASDSBC. The operation will discharge Treated Storm water into Wolfpen Branch of Big Creek of Jacobs Fork of Dry Fork of Tug Fork; Big Creek of Jacobs Fork of Dry Fork of Tug Fork; Johns Branch of Dry Fork of Tug Fork; unnamed tributary of Johns Branch of Dry Fork of Tug Fork and Barrenshe Creek of Dry Fork of Tug Fork of Tug Fork River and is located 1.8 (miles), northwest of Cucumber in Big Creek District(s) of McDowell County(ies), Longitude 81 deg. 38 ‘ 54″ and Latitude 37o 17’ 59″ (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 April 22, 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. WV1008919

ID: 693251