Raleigh

Legal Notice

ADVERTISEMENT (MR-34-BM)

Notice is hereby given that MABEN COAL LLC. 250 WEST MAIN STREET, SUITE 1800, LEXINGTON, KY 40507 has submitted an application for the modification of Article 11/WVNPDES Permit No. WV1030086 to the Department of Environmental Protection, 1159 Nick Rahall Greenway, Fayetteville, WV, 25840. in order to add 3.83 acres of bonded area to the existing/permitted Maben Highwall Mine No. 1 surface mine (S300519-IBR(1)) in order to provide an additional backstack area for startup of operation including sediment control and addition of one new discharge point (outlet 035).

The operation will discharge Treated water into unnamed tributaries of/and Allen Creek, Left Fork of Allen Creek, Right Fork of Cedar Creek, unnamed tributaries of/and Cedar Creek, and unnamed tributaries of/and Slab Fork – all of Upper Guyandotte River and is located 5.3 (miles), northeast of Mullens, in Slab Fork District of Raleigh Wyoming County(ies), Longitude 81deg. 22′ 10″ and Latitude 37deg. 38′ 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 downstream 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 discharges will not cause significant degradation to the receiving streams for any parameters of concern.

Comments on the Article 11 WV/NPDES application or requests for public hearing regarding the Article 11/NPDES application shall be in writing and if a public hearing is requested shall sate 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 July 13th, 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. WV1030086

ID: 713592

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