~~ [~ F"Ffvriff;:~ Director, Division of L.J~?
WEST VIRGINIA ENVIRONMENTAL QUALITY BOARD CHARLESTON, WEST VIRGINIA OHIO VALLEY ENVIRONMENTAL COALITION, WEST VIRGINIA HIGHLANDS CONSERVANCY, and SIERRA CLUB Appellants, v. Appeal No. l'b-()Lf- fG.13 THOMAS L. CLARKE .~~ [~ f"ffvriff;:~ Director, Division of L.J~? ... L_'::l_._--S'~l :III Mining and Reclamation West Virginia Department n.\ FEB 2 5 2013 I~~:) of Environmental Protection ." ,", ,~., -.. ,,--..~~~---_.,._.~ ....... ,,~ .. , Appellee. ENVlm,;;;vlINTAL OliAUTY UOAHD M1 C)lIi\UTY DON") .....,---,....... ~,.,"'~-~~.-~,,-~-~ --."~~~,-"._. ., .. _~._,,,."""'''''''' NOTICE OF APPEAL Action Complained Of: The Appellants named above respectfully represent that they are aggrieved by: I) The renewal ofWV/NPDES Permit WVI026747 on January 25,2013 in violation of regulations and guidance for the evaluation of the reasonable potential of a discharge to exceed water quality standards; 2) The renewal ofWV/NPDES Permit WVI026747 on January 25,2013 to Carbon Resources Development without final and effective selenium limits to ensure compliance with applicable state water quality standards. Relief Reguested: The Appellants therefore pray that this matter be reviewed and that the Board grant the following relief: An order vacating WV/NPDES Permit WVI026747 and directing the Appellee: I) To conduct a proper reasonable potential analysis for selenium; 2) To modify the permit to include enforceable selenium limits which will ensure compliance with all applicable water quality standards; 3) Any other reliefthe board deems appropriate. Specific Objections: The specific objections to the above actions, including questions of fact and law to be determined by the Board, are set forth in detail in separate numbered paragraphs attached hereto. Amendment of this Notice of Appeal may be had only by leave ofthe Board, and only for good cause shown.
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