Legal Notice


Notice is hereby given that KINGSTON MINING, INC. P.O. BOX 69, 622 PACKS BRANCH ROAD, PAX, WV 25904 has submitted an application for State Certification as required by Section 401 of the Clean Water Act to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV, 25840. The activity will consist of construction of operational area for a coal deep mine slope entry and air shaft area as well as culvrted crossings for multiple access roads. This 401 State Certification is certifying activities associated with a US Army Corps of Engineers 404 permit application ( Project No. LRH-2021-912).

The activity will impact 2,364 linear feet of intermittent and perennial stream channels and 4.31 acres of PEM, PSS and open water wetlands of Veasey Hollow and unnamed tributaries of/and Packs Branch of Pain Creek of Upper Kanawha River and is located, 0.9 (miles), east of Pax, in Plateau District of Fayette County, Longitude 81deg. 15′ 02″ and Latitude 37deg. 54′ 34″ (Coordinates from USGS Topographic Map).

Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State Law. When issuing certification, the WVDEP may considered the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Legislative rules governing the scope of the Department’s certification, public comment, hearing and appeals are in the Title 47, Series 5A.

Comments on the proposed certification or requests for a public hearing 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 24th, 2023 or thirty (30) days from date of publication, will be considered.

DEP Telephone No. 304-574-4465 Article 11/NPDES Permit No. WV1030426